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93-0601_CC_Minutes_Regular MeetingJUNE 1, 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 Jeff Vasquez, Council Member ABSENT: Carolyn Nash, Council Member 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. MOTION TO READ BY TITLE ONLY It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that all Ordinances be read by title only. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. Vendor Regulations (585.10) Gillian Cannon, 26467 Calle San Luis, cited problems in the Capistrano Villas relating to vending trucks, illegal vendors on the weekends and a lack of code enforcement. She requested that the Council investigate ways of controlling the issuance of new business licenses to vending trucks and that some way be found to control the situation and enforce the regulations in her neighborhood. CONSENT CALENDAR It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSENT: Council Member Nash 1. APPROVAL OF CITY COUNCIL MINUTES a. Adiourned Regular Meetingof f May 4. 1993 - The Minutes of the Adjourned Regular Meeting of May 4, 1993, were approved as submitted. City Council Minutes -1- 6/1/93 b. Regular Meetingof f May 4. 1993 - The Minutes of the Regular Meeting of May 4, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES a. Adiourned Regular Meeting of May 4. 1993 - The Minutes of the Adjourned Regular Meeting of May 4, 1993, were approved as submitted. b. Regular Meetingof f May 4. 1993 - The Minutes of the Regular Meeting of May 4, 1993, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF APRIL 30 AND MAY 21. 1993 (300.30) The List of Demands dated April 30, 1993, in the total amount of $1,538,394.21, and the List of Demands dated May 21, 1993, in the total amount of $2,392,410.43 were received and filed. 4. AMENDMENT NO.2 TO COOPERATIVE AGREEMENT D80-043 (DESIGN) - CAMINO CAPISTRANO BRIDGE WIDENING AT SAN JUAN CREEK (COUNTY OF ORANGE) (600.50) As set forth in the Report dated June 1, 1993, from the Director of Engineering and Building, Amendment No. 2 to Cooperative Agreement D80-043 (Design) with the County of Orange was approved for the widening of the Camino Capistrano Bridge at San Juan Creek. The Mayor was authorized to execute the Agreement on behalf of the City. 5. RESOLUTION OF FINDINGS FOR APPROVAL OF APPEAL, CONDITIONAL USE PERMIT 92-01 (RECREATIONAL VEHICLE STORAGE FACILITY/FORSTER FAMILY TRUST) (460.70) As set forth in the Report dated June 1, 1993, from the Planning Director, the following Resolution was adopted setting forth the City Council's May 18, 1993 findings, which upheld the appeal and denied a Conditional Use Permit for a recreational storage facility located at 25232 Camino Del Avion: RESOLUTION NO. 93-6-1-1. UPHOLDING APPEAL OF PLANNIN COMMISSIONAPPROVAL- FORSTER RECREATIONAL VEHICLE STORAGE FACILITY/CONDITIONAL USE PERMIT 92-1 (FORSTER FAMILY TRUST/CULBERTSON) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THEAPPEAL AND REVERSING THE DECISION OF THE PLANNING COMMISSION ACTION OF MARCH 23, 1993, APPROVING CONDITIONAL USE PERMIT 92-1 FOR A RECREATIONAL VEHICLE STORAGE FACILITY FOR ASSESSOR'S PARCEL 121-090-50, LOCATED AT 25232 CAMINO DEL AVION (FORSTER FAMILY TRUST/CULBERTSON) 6. RATIFICATION OF CLOSED SESSION ACTION. SETTLEMENT AGREEMENT, AND MUTUAL GENERAL RELEASE OF ALL CLAIMS - OLIVER McM_ILLAN DISPOSITION AND DEVELOPMENT DEVELOPMENT AGREEMENT�� As set forth in the Report dated June 1, 1993, from the City Manager, the following Resolution was adopted approving the termination of the Disposition and Development Agreement with Oliver City Council Minutes -2- 6/1/93 353 McMillan Capistrano I, Ltd. with regard to their involvement in the development of the Historic Town Center project: RESOLUTION NO. 93-6-1-2. APPROVING TERMINATION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH OLIVER McMILLAN CAPISTRANO I. LTD. (HISTORIC TOWN CENTER) -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE TERMINATION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO OLIVER McMILLAN CAPISTRANO I, LTD. (HISTORIC TOWN CENTER) The May 18, 1993, action taken following Closed Session to approve the Settlement Agreement and Mutual General Release of All Claims, in the amount of $137,500, was ratified. PUBLIC HEARINGS 1. REQUEST FOR A 24 -MONTH TIME EXTENSION OF TENTATIVE PARCEL MAP 89-435 FOR PROPERTY LOCATED SOUTH OF THE INTERSECTION OF VIA ESCOLAR (RESCO) (420.70) This Hearing was taken out of order from the Agenda. Proposal: Consideration of a request for a 24 -month time extension for Vesting Tentative Parcel Map 89-435 for a 20 -parcel subdivision of approximately 15 acres generally located east of Rancho Viejo Road and 180 feet south of Via Escolar. Applicant: Ronald Soldering RESCO Development 23052 Alcalde, Suite B Laguna Hills, CA 92653 Written Communication: Report dated June 1, 1993, from the Planning Director, recommending that the public hearing be continued to the meeting of June 15, 1993, to allow staff to research the effects of the future realignment of Rancho Viejo Road on this subdivision. The Report further recommended that, should the Council decide to vote on the matter, a two-year extension be approved, subject to all previous conditions and an additional condition requiring that the applicant establish a Traffic Management Association prior to approval of the final map. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, it was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that the public hearing be continued to June 15, 1993, to allow staff to research the effects of the future realignment of Rancho Viejo Road on this subdivision. City Council Minutes -3- 6/1/93 2. APPEAL OF DESIGN REVIEW COMMISSION ACTION OF FEBRUARY 3. 1993, DELETING PROPOSED SIGNAGE FROM THE WEST ELEVATION OF THE CAR DEALERSHIP BUILDING AT THE PRICE CLUB PLAZA LOCATED AT 33949 DOHENY PARK ROAD, ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY/ WESELOH FORD DEALERSHIP) (410.60) (CONTINUED FROM APRIL 6. 1993) Proposal: Consideration of an appeal of the Design Review Commission's action of February 3, 1993, which required that all signage from the west side of the building for the Weseloh Ford dealership be deleted. The Design Review Commission based its action on the signs not providing useful identification to motorists on adjacent streets or patrons of the Price Club Center and not being consistent with the intent of the Municipal Code to limit sign proliferation in the City. The public hearing was continued from the meeting of April 6, 1993, at the request of the appellant. Appellant: The Price Company P.O. Box 85466 San Diego, CA 92186-5466 Written Communication: (1) Report dated June 1, 1993, from the Planning Director, recommending that the appeal be denied and the Design Review Commission's action confirmed based on the signs' inconsistency with the Community Design Element of the General Plan, noncompliance with provisions of the Sign Ordinance, and inconsistency with general design considerations. (2) Letter dated June 1, 1993, from Marj Baumgartner, President, San Juan Beautiful, Inc., P. O. Box 1381, San Juan Capistrano, 92693, supporting the Design Review Commission action. Exhibits were on display, and Mr. Tomlinson made an oral presentation, noting that the Design Review Commission had felt the signs were inappropriate and would not provide useful identification. 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, the Price Company, 4241 Jutland Drive, San Diego, spoke in support of the appeal, noting the additional revenue and jobs that would be brought into the City. (2) Randall Boone, Randall Boone Sign and Lighting, 34342 Pacific Coast Highway, Dana Point, spoke in support of the appeal and advised the sign had been proposed on the back wall for viewing from Stonehill Drive. He stated the signs fit within the City guidelines and did not create a visual blight; and, that agreement had been reached to remove the service signs from the back of the building. (3) Ben Weseloh, Weseloh Honda, 32881 Camino Capistrano, San Juan Capistrano, spoke in support of the appeal based on the need for identification for the two proposed new dealerships. Mr. Weseloh and Mr. Boone presented a new proposal to place the signs on the north side of the building facing the mobile home park to provide more visibility from Stonehill Drive. In response to Mayor Jones, Mr. Tomlinson advised that signage on the north side was a new proposal and had not been reviewed by the Design Review Commission. In response to Council Member Hausdorfer, Mr. Tomlinson advised that there were approved signs for the project facing Camino Capistrano. City Council Minutes -4- 6/1/93 355- (4) Cash Sully, President of the Homeowners Association, Villa San Juan Mobile Home Park, 33831 Camino Capistrano, stated the residents had not objection to placement of the signs on the rear of the building, but would object to signs facing the mobile home park. Council Member Hausdorfer clarified that the Council was not acting on the suggestion to locate the signage on the north wall. (5) Tammy Felin, 32142 Via de Oliva, San Juan Capistrano, advised she was employed by Mr. Weseloh at Hacienda Ford. She stated that the dealership would benefit the community and bring in needed revenue and jobs. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Mr. Tomlinson noted receipt of a letter from San Juan Beautiful, opposing the proposed signs and supporting the Design Review Commission action. Council Member Hausdorfer stated he would not support the appeal because it was not consistent with the City's sign program; did not practically promote that location and did little to enhance identification of the dealership. Council Member Vasquez concurred and stated that the signs were not a good directional tool due to the distance between Stonehill Drive and the dealership. Adoption of Resolution Denying the Appeal of the Design Review Commission's Action: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the following Resolution be adopted: RESOLUTION NO. 93-6-1-3. DENYING APPEAL OF DESIGN REVIEW COMMISSION ACTION - DELETION OF CERTAIN ON-SITE SIGNS, ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY/WESELOH CAR DEALERSHIP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE DESIGN REVIEW COMMISSION ACTION OF FEBRUARY 3, 1993, REQUIRING THE DELETION OF THE PROPOSED SIGNS FOR THE WEST SIDE OF THE WESELOH FORD DEALERSHIP AT 33949 DOHENY PARK ROAD/ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY/ WESELOH CAR DEALERSHIP) The motion carried by the following vote: AYES: Council Members Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSENT: Council Member Nash 2. APPEAL OF PLANNING COMMISSION ACTION OF APRIL 27. 1993. DENYING OFF - ITE SIGN FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE. ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY) (410.60) Pr000sal: Consideration of an appeal of the Planning Commission's action of April 27, 1993, which denied a request for exceptions to the Sign Ordinance to permit: 1) an off-site sign, which is prohibited, to City Council Minutes -5- 6/1/93 356 identify the two new car dealerships approved in the Price Club Center; 2) an 8'6" tall sign where 6 feet is permitted; 3) sign copy area of 108 square feet where 60 feet is permitted; 4) internal illumination where external illumination is permitted; 5) inclusion of a time and temperature unit with mechanical movement, which is prohibited; and 6) a flag pole, which is prohibited as an attention -getting device for a commercial use. The sign is proposed to be located on the hill at the southwest corner of Stonehill Road and Camino Capistrano. Appellant: The Price Company P.O. Box 85466 San Diego, CA 92186-5466 Written Communication: (1) Report dated June 1, 1993, from the Planning Director, recommending that the Planning Commission's action be upheld based on inconsistencies with requirements for granting exceptions to the Sign Ordinance and the importance of information regarding a photographic exhibit that was not distributed to the Planning Commission at its April 27 meeting. The Report also forwarded conditions recommended by the Planning Commission should the Council consider approval of an off-site sign. (2) Letter dated June 1, 1993, from Marj Baumgartner, President, San Juan Beautiful, Inc., P. O. Box 1381, San Juan Capistrano, 92693, supporting the Planning Commission action. (3) Letter dated June 1, 1993, from Ben Weseloh, Weseloh Honda, 32881 Camino Capistrano, San Juan Capistrano 92675, responding to the conclusions and recommendations in the June 1, 1993, staff report. Exhibits were on display, and Mr. Tomlinson described each of the requested exceptions. He stated that the off-site sign could merit some attention, but the number of exceptions requested resulted in the proposal far exceeding Municipal Code requirements. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) Phillip Schwartze, representing the Weseloh Group, 27132-B Paseo Espada, San Juan Capistrano 92675, discussed issues identified in Mr. Weseloh's June 1st letter. He advised the purpose of the proposed off-site sign was to provide freeway visibility for two new auto dealerships. He stated the proposed sign would benefit all businesses in the Plaza by increasing the consumer traffic to that area. He felt that the sign application and situation were unique; that this type of situation was not addressed in the Code, and that the sign would not set a precedent. He described the proposed sign, noting that the two automobile dealerships would require separate identification; the location and size of the sign would provide visibility from the north and the south; the time and temperature feature would provide a public service to commuters which Mr. Weseloh felt was essential. He further stated that if the sign was approved the hill where it was located would be landscaped and maintained. (2) Grace Wier, Federal Signs, 3210 Croddy Way, Santa Ana, noted that through field observations, it had been determined that in order to be read from the freeway, 24 -inch -high letters were the absolute minimum size. She described the proposed lighting, which included internal illumination provided by 800 mili-amp fluorescent tubes and external illumination provided by 500 watt quartz lights. She stated the proposed sign would conform to the sign regulations. City Council Minutes -6- 6/1/93 357 Mr. Schwartze again reviewed the exceptions, noting that in the original report to the Planning Commission, staff had supported the concept of a sign in an off-site location. He stated he was not sure how they could meet the sign area requirements. He stated that the time and temperature unit was an attention -getting device and a service to commuters; that the flagpole was to display the flag. He advised that the proposed sign was within a few inches of the allowed 6 -foot height limit and their proposed height was necessary for visibility from the freeway. He stated that they felt the combination of external and internal illumination would produce the best looking sign possible. (3) Ben Weseloh, Weseloh Honda, 32881 Camino Capistrano, San Juan Capistrano, applicant, stated that the former City Manager had suggested placing an off-site sign on the knoll. He advised that in order to obtain freeway visibility from the Price Club Plaza property they would have needed a 120 -foot -high pole sign. He emphasized that to be successful at their proposed location the freeway identification was necessary. He advised that the second dealership had not yet been approved and was awaiting the outcome of this sign proposal. He stated that the time and temperature unit was a public service. (4) Dale Macatee, General Manager of Weseloh Honda, 3308 Grande Vista, San Clemente, advised he had been an employee of Mr. Weseloh for 17 years. He also stated the former City Manager had directed them to the proposed off-site sign location. He stated that the second franchise at the Price Club Plaza location would not occur without freeway signage. (5) Stan Kensic, 31212 Belford Drive, San Juan Capistrano, spoke in opposition to the proposed sign due to the uniqueness of San Juan Capistrano and the need to maintain the City's beauty. He felt the sign would be precedent -setting and that the business would succeed based on its reputation. (6) Bill Tally, General Manager of Hacienda Ford in San Clemente, 1497 Gold Rush Way, Oceanside, advised that the dealership wished to move to San Juan Capistrano; however, that move depended on the signage. (7) Jack Devito, 28541 Paseo Diana, San Juan Capistrano, stated he had no objections to locating the proposed sign on the hill. He noted the length of time the subject building in the Price Club Plaza has been vacant and the resulting appearance; that it was time for improvements there. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Hausdorfer stated he could not support the sign in its current configuration and as • proposed. He stated the off-site location was City -owned property and it was incumbent on the Council to consider that, as well as trying to help promote business in the Price Club Center. He cited the need to maintain a balance and felt this sign proposal overstepped that balance. He stated that if the applicant was willing to compromise on the specific design of that sign he would support an off-site location and would be agreeable to reconsidering a sign that met the Municipal Code sign guidelines. Council Member Vasquez concurred and felt this sign would be precedent -setting because it exceeded what had been approved for other businesses. Council Member Campbell acknowledged the uniqueness of the situation and cited her understanding of their need; however, she felt that a compromise was necessary and could be reached. Mayor Jones stated he could not approve a monument sign on that hill that was not some kind of monument to the City or a welcome to visitors. City Council Minutes -7- 6/1/93 358. Adoption of Resolution Denvine the Appeal of the Planning Commission's Action: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the following Resolution be adopted: RESOLUTION NO. 93-6-1-4. DENYING APPEAL OF PLANNING COMMISSION ACTION - EXCEPTIONS TO PERMIT FOR OFF-SITE SIGNS. _ ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY/WESELOH CAR DEALERSHIP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION ACTION OF APRIL 27, 1993, DENYING SIX EXCEPTIONS TO SECTION 9-3.603 (SIGNS) OF THE MUNICIPAL CODE FOR THE PROJECT LOCATED ON THE CREST OF THE HILL AT THE SOUTHWEST CORNER OF STONEHILL DRIVE AND CAMINO CAPISTRANO (THE PRICE COMPANY/WESELOH CAR DEALERSHIP) The motion carried by the following vote: AYES: Council Members Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSENT: Council Member Nash RECESS AND RECONVENE Council recessed at 8:25 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:26 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. RENEWAL OF AGREEMENT - ANIMAL CONTROL AND SHELTER SERVICES. FISCAL YEAR 1993-94 (COUNTY OF ORANGE) (600.50) Written Communication: Report dated June 1, 1993, from Jennifer Murray, Senior Management Assistant, recommending that the contract with the County for animal control and shelter services be renewed for a one-year period. The contract cost was estimated at $35,551, a reduction of approximately 8% from the previous year. The estimated net cost to the City for these services would be approximately $25,503 because of previous credits due to the City. Two new features of the contract would allow individual cities to extend animal shelter care days beyond that which is customary and would allow the flexibility to customize the language to accommodate differing views on cat licensing. Approval of Agreement with County for Animal Control Services: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that the Agreement for Animal Control and Shelter Services with the County be approved for the one-year period beginning July 1, 1993, to June 30, 1994, for an estimated amount of $35,551. The Mayor was authorized to execute the Agreement on behalf of the City. City Council Minutes -8- 6/1/93 359 2. PROMISSORY NOTE WITH SWALLOW'S FOUNDATION FOR ACQUISITION OF HISTORIC COMBS HOUSE (910.50) Mayor Jones and Council Member Vasquez noted they would abstain from voting of this item due to a potential conflict of interest resulting from the proximity of their residence to this property. Mayor pro tem Campbell presided. Written Communication: Report dated June 1, 1993, from the City Manager, recommending that a Promissory Note for an interest-bearing loan in the amount of $35,000 be approved, subject to terms, to assist the Foundation in acquiring and rehabilitating the Combs' House. The Foundation's original request for a one-year, interest-free loan was denied by the Council at the meeting of April 20, 1993. Item Continued to June 15, 1993: Due to a lack of quorum, Mayor pro tem Campbell directed that consideration of this item be continued to the Council meeting of June 15, 1993. 1. REQUEST TO REPLACE NBI COMPUTER HARDWARE/SOFTWARE (370.30) Written Communication: Report dated June 1, 1993, from the Interim Director of Administrative Services, recommending that the City's NBI word processing system be replaced with personal computers to accommodate stand- alone operations and, ultimately, Citywide networking, at a cost of $30,000. Approval to Replace the City's NBI Word Processing System: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that the City's NBI word processing system be replaced with new hardware and software for personal computers. An appropriation in the amount of $30,000 was approved from the Facilities Operation Fund reserve to Account No. 16-65400-4451. DIRECTOR OF PLANNING SERVICES 1. INITIATION OF A GENERAL PLAN AMENDMENT TO CHANGE THE PRESENT LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL TO COMMUNITY COMMERCIAL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JUNIPERO SERRA AND CAMINO CAPISTRANO (PUEBLO SERRA)_(440.255) Written Communication: Report dated June 1, 1993, from the Planning Director, forwarding a request by Lloyd E. Ross, President of Saffell & McAdam, Inc., to initiate a General Plan Amendment to review the merits of changing the present land use designation for property located at the southeast corner of Junipero Serra and Camino Capistrano from Neighborhood Commercial and Residential to Community Commercial, Staff recommended that the study of the applicability of the current General Plan designations be initiated because of the number of changes that have occurred to the property and the immediate surrounding area. Mr. Tomlinson made an oral presentation, advising that the Land Use Element may be revised as new information becomes available. He noted that staff concurred with the request because of changes in the basic land use pattern, intensity, and circulation. He further noted that initiation of the Study did City Council Minutes -9- 6/1/93 601 not imply endorsement of the project, but would only provide an opportunity to examine changes that had taken place. David Pittman, representing Saffell & McAdam, Inc., 2400 East Katella, Anaheim, advised of their support of the staff recommendation and noted they understood that Council was not endorsing their project. He categorized the project as a community shopping center primarily based for the community. _ He advised that they were working to obtain support of the neighboring residential areas. Council Member Hausdorfer emphasized the need to be sensitive to the residents. Mayor Jones and Council Member Vasquez concurred in the need to be sensitive to the aesthetics and view impacts of any proposed project. Council Member Vasquez suggested consideration be given to the impacts on established businesses from additional commercial space. Adoption of Resolution Initiating a General Plan Amendment Study: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO. 93-6-1-5. INITIATION OF GENERAL PLAN AMENDMENT 93-2 - PUEBLO SERRA PLANNED COMMUNITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF GENERAL PLAN AMENDMENT 93-2, A PROPOSED CHANGE IN LAND USE DESIGNATION FOR THE AREA KNOWN AS PUEBLO SERRA PLANNED COMMUNITY The motion carried by the following vote: AYES: Council Members Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSENT: Council Member Nash DIRECTOR OF ENGINEERING AND BUILDING SERVICES PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - SAN JUAN CAPISTRANO RAILROAD PASSENGER LOADING AND WAITING PLATFORM. SOUTH (600.30) Mayor Jones and Council Member Vasquez noted they would abstain from voting of this item due to a potential conflict of interest resulting from the proximity of their residence to this property. Mayor pro tem Campbell presided. Written Communication: Report dated June 1, 1993, from the Director of Engineering and Building, recommending that the plans and specifications for the Railroad Passenger Loading and Waiting Platform south of Verdugo Street be approved and that staff be authorized to receive bids. Item Continued to June 15, 1993: Due to a lack of quorum, Mayor pro tem Campbell directed that consideration of this item be continued to the Council meeting of June 15, 1993. City Council Minutes -10- 6/1/93 2. 1993-94 SOUTH EAST REGIONAL RECLAMATION AUTHORITY BUDGET (SERRA) 30.50 Written Communication: Report dated June 1, 1993, from the Director of Engineering and Building, recommending that the 1993- 94 SERRA budget be approved and the City's proportionate share adopted. The report noted that the City's proportionate share was 5.8% below the previous year. Approval of SERRA Budget and Adoption of City's Share: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that: (1) The 1993-94 SERRA budget in the amount of $4,568,420 be approved; and (2) The City's proportionate share in the amount of $1,431,080 be adopted for allocation of $10,310 to the SERRA General Fund (administrative functions); $1,158,780 to Project Committee 2 (operation and maintenance of plant facilities); $163,700 to Project Committee 2R (rehabilitation and capital projects); $62,750 to Project Committee 5 (operation and maintenance of the ocean outfall); and, $35,540 to Pretreatment Program (provision of pretreatment services). 1. APPROVING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - REDUCTION OF OPEN SPACE REQUIREMENTS (ADOPTION) (420.30) Written Communication: Report dated June 1, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 18, 1993, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Vasquez, seconded by Council Member Campbell, that the following Ordinance be adopted: ORDINANCE NO. 730. REDUCING OPEN SPACE REQUIREMENTS WITHIN THE PUBLIC AND INSTITUTIONAL ZONE DISTRICT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, ARTICLE 4 OF CHAPTER 3, TABLE 3-1 OF SECTION 9-3.424 OF THE MUNICIPAL CODE TO AMEND THE OPEN SPACE REQUIREMENTS WITHIN THE PUBLIC AND INSTITUTIONAL ZONE DISTRICT FROM 40% TO 30% The motion carried by the following vote: AYES: Council Members Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSENT: Council Member Nash City Council Minutes -11- 6/1/93 362 IQ COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. San Joaquin Hills Transportation Corridor (800.50) Council Member Campbell advised she had attended a Corridor meeting this date and felt communication with the City was improving. b. League of California Cities (140.20 Council Member Hausdorfer advised he would not be able to attend the next meeting scheduled for June 10th and requested the Mayor attend on his behalf to vote on City Selection Committee items. d. Southeast Regional Reclamation Authority (SERRA) (104060) Council Member Vasquez pointed out the 5.8% reduction in costs from the previous fiscal year. COUNCIL COMMENTS 1. Kinoshita Farm Equipment Disposal (380.50) Mayor Jones noted that various pieces of equipment had been moved from the Kinoshita Farms to the Los Rios area along Paseo Adelanto and requested information relative to its sale and removal from the area. 2. Prima Deshecha Landfill Trash Importation (810.50) Mayor Jones advised that San Clemente City Council had endorsed the County's proposal to approve the importation of trash from the County's of Los Angeles and San Diego to the Prima Deshecha Landfill. There was a consensus that a letter would be prepared for the Mayor's signature requesting reconsideration of their position. 3. Community Services Programs/San Juan Task Force (585.10/130.30) Mayor Jones commended Community Services staff for their participation in the May 22, 1993, seminar entitled "A Day in May", which was a prejudice reduction and cultural awareness seminar. The seminar was organized by the South County Adults for Youth Coalition and individuals from San Juan Capistrano who were financially sponsored by the San Juan Task Force. He felt that San Juan Capistrano's Community Services programs appear to be helping the City stay a step ahead of gang problem. He suggested consideration be given to supporting the Laguna Beach Superintendent of School's opposition to pornography and violence in films. 4. Retention of Council Meeting Tapes (160.60) Council Member Vasquez suggested consideration be given to revising the current policy with regard to retaining the audio tapes of Council meetings and extending the time for retention to four years. There was a consensus that a report be prepared. City Council Minutes -12- 6/1/93 363 CLOSED SESSION Council recessed to a Closed Session at 8:55 p.m. for discussion of the following matters: Litigation per Government Code Section 54956.9(a), Shell Oil v State Board of Equalization; Chevron Oil v State Board of Equalization; Mobile Oil v State Board of Equalization; Union Oil v State Board of Equalization; Ne$rete v City; and, McLaughlin v Cit ,the City Clerk being excused therefrom, and reconvened at 9:30 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:30 p.m. to the next meeting date of Tuesday, June 8, 1993, at 7:00 p.m. at the San Juan Hot Springs Dance Hall to conduct a joint public hearing with the Community Redevelopment Agency regarding the Fiscal Year 1993-98 budget. Respectfully submitted, CHERYL JOUMONXITY CLERK ATTEST: GIL JON 6R City Council Minutes -13- 6/1/93