92-0303_CC_Minutes_Regular MeetingMARCH 3, 1992
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 Reverend Jim
Tracy of the Capistrano Church of the Nazarene.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark,
City Attorney; Cheryl Johnson, City Clerk; George Scarborough,
Assistant City Manager; David Bentz, Director of Administrative
Services; William M. Huber, Director of Engineering and Building
Services; Thomas Tomlinson, Director of Planning Services; Al
King, Jr., Director of Community Services; Ronald C. Sievers,
Director of Public Lands and Facilities; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of February 18, 1992:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the Minutes of the Regular Meeting of February 18,
1992, be approved with the following modifications:
Page 16, fifth paragraph, fifth line should read, 11. .
lawsuit was filed because the audit involved the subject
matter of ."
The motion carried by the following vote:
AYES:
NOES:
ABSENT
Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
None
None
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Special Meeting of February 25. 1992:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the Minutes of the Special Meeting of February 25,
1992, be approved as amended to include the following comments
made by Councilman Harris with regard to compensation being
offered to and accepted by Richard Denhalter:
to . no problems with the agreement. Councilman
Harris further noted that this City provides automobile
allowances to other of its employees, and the automobile
allowance ultimately saved the City money; that the
total salary package for Mr. Denhalter was approximately
$12,000 less than the salary package of the prior City
Attorney, resulting in a net savings; and that the
salary package was less than currently received by
Mr. Denhalter, who had been offered an increase in
salary by his current employer as an enticement to
remain on the job. Councilman Harris stated that there
is a necessity to offer a competitive contract to
attract quality personnel to the City."
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Hausdor-
fer, and unanimously carried that all Ordinances be read by title
only.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF THE JOHN R WILLIAMS PUBLIC SERVICE AWARD
(610.40)
written Communication:
Report dated March 3, 1992, from the Council Services _
Manager, forwarding a recommendation to present Mike Darnold,
owner of E1 Peon, with the 1992 John R. Williams Public
Service Award in recognition of his representation and
participation in community and government affairs. Mr.
Darnold is the first recipient of the award.
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Mayor Jones cited the many activities Mr. Darnold has been
involved in. Mr. Darnold was present to receive the award.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVFLOPMSNT AGENCY)
1. PARKING PERMITS - COUNTRY HILLS ROAD (570.70
Rod Boone, 29092 Country Hills Road, requested the City's
assistance with prohibiting parking in his neighborhood
during a three-day carnival at Capistrano Valley High School
on April 3, 4, and 5. The hours for the event are from noon
to midnight. Mr. Boone noted that the school only has
capacity for 1,000 cars. He requested an extension of the
neighborhood's "Parking By Permit Only" regulations during
the event.
Mr. Huber was directed to work with Mr. Boone to resolve his
parking concerns.
SDG&E UNDERGROUND CONVERSIONS (1010.50)
Mark Gaughan, Senior Government Affairs Officer for SDG&E,
662 Camino de los Mares, San Clemente, distributed a booklet
from SDG&E and noted the section regarding 20A Funds for
undergrounding overhead facilities. He commended Mr. Julian
for his negotiations with SDG&E to increase the City's
allocation from approximately $36,000 to $91,000 per year.
LOS RIOS HISTORIC PARK (400.20)
Frances Perguson, 26652 Ramos Street, member of the Los Rios
Review Committee and resident in the Los Rios Historic
District, announced the establishment of the Los Rios
Historic Park Fund account to accept tax-deductible donations
for the Park. She gave a status report on the development
of the park and noted that a "wish list" for donations of
specific materials and items would be made available to the
public.
Mayor Jones requested that information regarding the park and
its account be provided to the news media.
4. FENCING BETWEEN PARK AND SYCAMORE STABLES (920.10
Ben Michalec, 26376 Oso Road, speaking also on behalf of of
his neighbors, expressed concern regarding the installation
of a fence across the street from his neighborhood, stating
it had been erected on City park land. He stated that the
fence violates conditions placed on the variance granted to
Sycamore Stables which prohibited the installation of a fence
that would adversely affect the environment of the
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neighborhood. He also felt that dust, noise, and odor
impacts have been disregarded by the stables.
The Assistant City Manager was directed to investigate the
concerns and the conditions placed on the stable. -
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. RECEIVE AND FILE WARRANTS OF FEBRUARY 20. 1992 (300.301
The List of Demands dated February 2 and February 20, 1992,
in the total amounts of $60,117.50 and $16,326,373.86,
respectively, was received and filed.
2. RECEIVE AND FILE CASH BALANCES BY FUND FOR JANUARY 1992
(330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of January 1992 in the total amount of $136,141.46 was
received and filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.601
The Report dated March 3, 1992, from the Senior Management
Assistant, regarding actions taken at the meeting of
February 25, 1992, was ordered received and filed.
4. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated March 3, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of _
February 19, 1992, was ordered received and filed.
5. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated March 3, 1992, from the Director of Commun-
ity Services, regarding actions taken at the meeting of
February 10, 1992, was ordered received and filed.
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6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated March 3, 1992, from the Director of Commun-
ity Services, regarding actions taken at the meeting of
February 18, 1992, was ordered received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated March 3, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of
February 25, 1992, was ordered received and filed.
8. DENIAL OF CLAIM FOR INDEMNITY - THE OLD BARN (KELLEY V. CITY
OF SAN JUAN CAPISTRANO) (170.101
The claim received by the City on February 20, 1992, from
John M. Harrison of Frederick G. Wentzel & Associates law
offices, on behalf of The Old Barn, Inc., in an undetermined
amount, for indemnity in the lawsuit entitled Jane M. Kelley
v. City of San Juan Capistrano et al was denied, as set forth
in the Report dated March 3, 1992, from the Assistant City
Manager.
PUBLIC HEARINGS
Councilman Harris left the Chamber due to a conflict of interest.
1. APPEAL OF PLANNING COMMISSION DECISION - REQUEST TO MODIFY
ARCHITECTURAL CONTROL 85-07/STONEYBROOKE CHRISTIAN SCHOOL,
26300 VIA ESCOLAR (410.60)
Proposal:
Consideration of an appeal filed by the Stoneybrooke
Christian School relative to the Planning Commission's
decision to deny a request to modify Architectural Control
85-7 to allow the five existing temporary modular classrooms
to be retained as permanent structures and to allow retention
of the modular buildings only until July 1, 1992.
Applicant/Property Owner:
Stoneybrooke Christian School
26300 Via Escolar
San Juan Capistrano, CA 92629-3952
Written Communications:
(1) Report dated March 3, 1992, from the Director of
Planning Services, advising that the conditions of
approval for the temporary structures required submittal
of a master plan within one year and removal of the
temporary structures by August 13, 1990. The report
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summarized the progress to date, actions taken by the
Planning Commission on January 14, 1992, and concerns
expressed by neighbors. The Report noted that the
school submitted a new schedule for submittal of a
master plan by December 1, 1992, the raising of $675,000
by July 1997, beginning of construction by September 1,
1997, and removal of the temporary structures by June 1,
1998. In order to strike a balance between the
neighbor's concerns and the school's needs, Staff
recommended a comprehensive plan for a 36-42 month
extension during which time the temporary structures
will be either relocated or phased out and replaced with
permanent structures. The comprehensive plan included
a program of fund-raising goals, timeframes for
submittal of construction plans, applications for
building permits, completion of construction and
required submittal of a bond for insuring removal of the
modular building if conditions of the extension were
violated by the applicant.
(2) Memorandum dated March 3, 1992, from the Council
Services Manager, noting the number of telephone calls
and letters received by the Council in response to this
item.
Exhibits were on display, and Mr. Tomlinson reviewed the
history of the conditions of approval for the temporary
structures leading to the request to convert the temporary
structures to permanent facilities. Mr. Tomlinson noted that
only one significant complaint had been received regarding
the facility and during that past 5 years no complaints had
been received. He reviewed the Planning Commission's
January 14 actions, noting that residents had stated they had
not complained because they believed the buildings would be
relocated or removed within 5 years. He cited his feeling
that the Planning Commission action would allow for a
possible extension as the changes occurred. He stated the
question of use had never been an issue between residents and
the church; that schools are allowed under the Public
Institutional zoning; that the primary concern was related
to the location of the buildings. He stated he felt the
issue was how to allow the school to continue to operate
while assuring the timely removal or relocation of the -
temporary structures from their present location. He further
advised that it might be appropriate to modify staff's
condition relative to bonding to require those funds to be
used by the school to provide additional landscape visual
buffering, which could be either new fencing or boundary
landscaping, between the existing residents and the existing
facilities to provide some initial relief during the interim
period.
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Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
' Comments in Favor of the School's Request:
(1) Sherry Worel, 30 Hyannis, Laguna Niguel, School
Administrator for Stoneybrooke Christian School,
requested that the appeal of the Planning Commission
decision of January 14, 1992, be upheld and that a
reasonable time extension be granted to the school to
build the permanent facilities. She stated that the
school had been in contact with City staff in an attempt
to resolve the project's permit status prior to the
deadline of August 13, 1990. The applicant's new
proposed schedule would have construction begin by
September 1997 and have the existing modular buildings
removed by June 1998. Ms. Worel felt that the timeframe
recommended by staff would be impossible to meet. With
regard to fundraising, she noted that the school has
already received prospectuses from several firms. She
proposed a Minimum Plan of Performance which would
include the following:
(a) The submission of a revised Master Plan which would
include the educational facility and the lot line
adjustment for the barn and exclude the originally
proposed new auditorium by December 1, 1992;
(b) The completion of a feasibility study and capital
fundraising plans by August 31, 1992;
(c) Commencement of construction by August 1, 1995;
and
(d) The completion of the construction of the
educational building and removal of all modular
buildings by August 1, 1996.
The applicant agreed with staff's recommendations to
require annual reports of the project's progress and to
plant a greenbelt and install a fence to mitigate the
project's impacts to the neighbors.
(2) Jack Culp, 26871 Canyon Crest, Chairman of the Board of
Directors for the Coast Bible Church, spoke regarding
the installation of the temporary structures and the
status of the Church's building fund. He stated that
the church has been unable to add to its building fund;
however he felt their financial situation may be
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improving. He advised of their desire to have permanent
educational facilities and noted the various groups who
now use the buildings. He spoke in support of the
minimum performance plan outlined by Ms. Worel and
stated he felt the staff recommendation was
unobtainable. He submitted photographs of the existing
modular units to illustrate their appearance.
(4) Phillip Fusco, Chairman of the Board for Stoneybrooke
Christian School, stated that the requirements for
construction of the modular units and submittal of a
master plan in the 1985-86 time period had been
satisfied. He discussed the alternatives proposed by
staff and the school, and the previous discussions with
City staff regarding the school's inability to meet the
August 1990 deadline for removal of the temporary units.
(5) Pastor Arch Rutherford, Coast Bible Church, noted a
recent article which appeared in The Los Angeles Times
regarding conflicts between neighbors and churches. He
noted the church's service to the community and spoke
in support of the plan outlined by Ms. Worel
(6) S. Glenn Eichler, 27461 Calle Arroyo, Suite 201,
architect for the project, felt that the schedule
proposed by staff was unattainable due to the time
needed for project design and the planning process.
(7) Dennis Bach, 25881 Portofino, No. 185, Laguna Niguel,
Vice Principal of Stoneybrooke Christian School, noted
the use of the school's facilities by nearby residents.
He cited their desire to learn of their neighborhood's
concerns regarding the proposed project and spoke in
support of the timeframe outlined by Ms. Worel.
(8) Jim Alexander, 31922 Paseo Cielo, parent of a child at
the school, stated he felt the issue was about the
future of the children and requested that a proposal be
approved that would give them common ground to ensure
the children's educational future.
Comments in Opposition to the School's Request:
(1) Carol Levin, 29111 Country Hills Road, requested that
the Planning Commission's decision of January 14, 1992,
be upheld to have the temporary units removed by July 1,
1992. She stated that she lived with many
inconveniences, including noise, but had done so because
of the City's assurance that the school's temporary
units would be removed by August 1990. She expressed
concern as to what would happen should the applicant be
unable to meet the proposed timeframe.
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(2) Perry Powell, 29091 Country Hills Road, neighbor and
member of the Coast Bible Church, stated that he
supported the church and school use on the property; he
had not complained about adverse impacts to his home
because of assurances that the buildings would be
removed by August 1990. He felt that a time extension
of six to seven years for the school was unreasonable
and would constitute a total of 14 years from the
original date of approval.
(3) Richard Smith, 29101 Country Hills Road, stated that he
had not complained about adverse impacts to his home
because the buildings were to be temporary. He
expressed concerns with reduced property value and loss
of his view because of the temporary structures. He
stated he did not want to see the church forced to
abandon the community, but expressed the hope that a
fair and just decision could be reached.
(4) Dr. Peter Levin, 29111 Country Hills Road, requested
that the January 14 decision by the Planning Commission
be upheld and that the issue was that an agreement had
been made and school should accept responsibility for
the conditions that were originally placed on the
project. He felt that the action taken by the
Commission on January 14 did not "leave the door open"
to endorse the school's request for time extension and
felt that staff's recommendation was too vague. Even
though he experienced periodic nuisances and lack of
privacy from the school, he chose not to complain
because he was told that the temporary buildings would
be removed by August 1990 and stated his patience had
been mis-read and the additional 7 years recommended by
staff was too long. He noted two letters of complaint
sent from residents to the school. He suggested other
solutions, i.e., moving the temporary structures to
another location on the site. He requested some form
of assurance that the buildings will be removed.
(5) Rod Boone, 27092 Country Hills Road, urged that the
Council determine a reasonable length of time for the
construction of permanent facilities and the removal of
the temporary ones on the school site. He felt the
staff -recommended timeframe was too restrictive and
supported the plan presented by Ms. Worel, but urged
consideration of the neighbors' concerns.
Applicant's Rebuttal:
Ms. Worel noted that on January 14 staff had recommended to
the Planning Commission that the temporary structures be
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converted to a permanent use. She noted other projects in
the City in which former temporary structures were deemed
permanent and others which are still in a temporary mode and
requested that the same sensitivity be applied to this
project. She stated that the lowest bid received for
relocating the temporary units was $220,000.
There being no further input, the hearing was declared closed
with the right to re -open at any time.
Council Discussion:
The Council discussed various alternative timeframes with
regard to beginning and completion of construction and
removal of the temporary units.
Councilman Hausdorfer felt that it was the responsibility of
both the school and the City to acknowledge their obligations
and past errors with this project. He stated he did not
support the July 1, 1992, deadline, and suggested that a 49 -
month timeframe, as recommended by Ms. Worel, be instituted
with periodic review periods to determine the project's
progress.
Councilman Vasquez emphasized the need to mitigate the visual
impacts of the school on adjacent neighbors and suggested
that in lieu of the requirement to post a bond, a landscape
mitigation fund be set up to ensure the landscaping buffer
between the rear yards of the three adjacent properties and
the school. He suggested that a limit of $5,000 for each of
the three adjacent residences be paid by the school to the
City for the purpose of installing a landscape buffer or
fencing to screen out the visual impacts of the temporary
structures.
Councilman Friess felt that the direction was reasonable, but
cited concerns about the lack of real effectiveness in
resolving the homeowners' issues. He stated the school
needed to take realistic steps to meet its financial
responsibilities and that the 49 -month timeframe was too long
to give the protection to the adjacent residents that they
deserve; that if that timeframe were accepted staff be
directed to come back with specific set of checkpoints within
that timeframe to monitor the project's progress. Instead
of a bond, he suggested that the school place funds that
might spend on landscaping in an interest-bearing account;
if their obligations are met, the money is returned to the
school for use in the final phase of construction.
Councilman Hausdorfer concurred, stating that should the
school's fundraising efforts fail, the money could be used
for relocating the existing temporary units. Councilman
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Hausdorfer concurred, suggesting that the first $10,000
raised be the amount set aside.
Mayor Jones recommended that the Master Plan for the project
be presented within one year and include a specific
designation of the trees discussed as a buffer and mitigation
measure; that the school be allowed time on the mitigation
measure with the landscape buffer to allow it to be
implemented into the Master Plan and then proceed with
planting of the trees. He expressed strong opposition to
relocating the students during construction and disrupting
their education.
Approval of Phased Construction and Replacement Proaram:
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, that:
(1) Construction of the permanent facilities is to commence
no later than August 1996 (49 months from July 1, 1992),
with annual reviews and Planning Commission review at
the end of 36 months; specific timeframes are to be
developed by staff and the applicant.
(2) At the end of 36 months, the applicant must be able to
demonstrate sufficient progress, including fundraising
accomplishments and finalization of drawing plans. If
not, the school would have six months in which to remove
the temporary structures from the site.
(3) During the 36 -month period, the applicant shall have met
the following checkpoints:
(a) An amended Master Plan for the project is to be
submitted to the City within one year and include
the landscape buffer mitigation.
(b) Fundraising activities shall commence with the
first $10,000 raised being deposited in an
interest-bearing account. If the project's obliga-
tions are met, the money will be returned to the
school for use in the construction. Should the
checkpoints not be met, the money shall be used for
removing the existing temporary units.
(c) A landscape mitigation fund in the amount of
$15,000, $5,000 for each of the three adjacent
residences, shall be established to ensure that
the landscaping buffer is installed to mitigate
visual impacts to the three residences immediately
adjacent to the school.
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The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Vasquez, and Mayor
Jones
NOES: Councilman Friess
ABSENT: Councilman Harris
Councilman Friess stated his opposition was due to the length
of the timeframes established.
Staff was directed to prepare a Resolution, including the
above conditions and specific start and completion dates, for
final approval at the March 17, 1992, meeting.
Councilman Harris returned to the Council Chamber.
RECESS AND RECONVENE
Council recessed at 9:25 p.m
PUBLIC HEARINGS (continued)
and reconvened at 9:30 p.m.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT
VAQUERO WEST MERCANTILE (SAN JUAN SALOON)
(CONTINUED FROM FEBRUARY 18. 1992) (400.201
Proposal:
Hearing held jointly with the Community Redevelopment Agency
to consider a proposed lease agreement with Vaquero West
Mercantile for the San Juan Saloon property. The hearing was
continued from the meeting of February 18 to allow discussion
of the proposed Vaquero West Mercantile lease terms and
conditions in Closed Session for the San Juan Saloon
facility.
Written Communication:
Report dated March 3, 1992, from the Community Redevelopment
Agency Finance Officer, recommending that the hearing be
continued to the meeting of March 17, 1992, to allow final
technical review of the proposed ten-year lease agreement.
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 Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the public hearing be
continued to the meeting of March 17, 1992.
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3. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - PROPOSED LEASE AGREEMENT WITH THE SOUTH
ORANGE COUNTY COMMUNITY THEATER FOR PACIFIC
TELEPHONE BUILDING (31776 EL CAMINO REAL) (400.20)
Proposal:
Hearing held jointly with the Community Redevelopment Agency
to consider a proposed lease agreement with the South Orange
County Community Theater (SOCCT), a non-profit corporation,
for use of a portion of the Pacific Telephone Building
located at 31776 E1 Camino Real, as a performing arts
facility.
Applicant:
South Orange County Community Theater, P. O. Box 890, San
Juan Capistrano 92693.
Written Communication:
Report dated March 3, 1992, from the Community Development
Manager, recommending approval of a year-to-year lease with
South Orange County Community Theater, at a $1.00 per month
rent. The group will undertake all improvements outlined in
the agreement at no cost to the City or Agency; they will
maintain insurance on their personal property in the facility
and liability insurance throughout the term of the lease;
and, will be responsible for all utilities. The facility
will be made available for City -designated activities no less
than 25% of the time.
Cassandra Walker, Community Development Manager, made an oral
presentation. In response to an inquiry from Councilman
Friess with regard to parking, Ms. Walker stated that the
applicant will be required to submit a Parking Management
Plan and enter into an agreement with the owner of the
parking lot to the rear of the building for joint use of the
parking lot.
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 re -open at any time.
Approval of Lease Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
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RESOLUTION NO 92-3-3-1 APPROVING LEASE OF FORMER
PACIFIC BELL BUILDING AT 31776 EL CAMINO REAL TO
SOUTH ORANGE COUNTY COMMUNITY THEATER - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE
OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO SOUTH ORANGE
COUNTY COMMUNITY THEATER AND APPROVING THE LEASE
AGREEMENT PERTAINING THERETO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:37 p.m. to conclude the San Juan Capistrano
Community Redevelopment Agency meeting, and reconvened at 9:38
p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT - YEAR 17, _FISCAL
YEAR 1991-92 (600.50)
Written Communication:
Report dated March 3, 1992, from the Management Assistant I,
forwarding contracts for use of the Community Development
Block Grand funds for year 17, Fiscal Year 1991-92. The
Board of Supervisors approved funding in the amount of
$60,000.
Approval of Year 17 CDBG Operating Agreements:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the following Year 17
CDBG Agreements be approved as follows: Contract Q12.40 for
rehabilitation of private properties (mobile homes) in the
amount of $50,000 and Contract Q12.60 for Public Facilities
and Improvements - Los Rios Historic District Clean-up
Program in the amount of $10,000. The Mayor was authorized
to execute the Agreements on behalf of the City.
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DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated March 3, 1992, from the Director of Community
Services, providing an overview of the various activities
associated with the Open Space Bond Act Measure D.
Mr. King made an oral presentation relative to the
February 27, 1992, Open Space Master Plan Workshop. He noted
the support of residents for the revised plan and advised
that the project will now be reviewed by the various
commissions.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Report be received
and filed.
2. SELECTION OF NAME FOR PUBLIC PARK (ALIPAZ STREET AT CALLE
LUCANA) (920.40)
Written Communications:
(1) Report dated March 3, 1992, from the Director of
Community Services, forwarding the recommendation from
the Park Naming Committee that the new park located on
Alipaz Street at Calle Lucana be named "Good Neighbors
Park."
(2) Memorandum dated March 3, 1992, from the Director of
Community Services, forwarding the recommendation of the
Park Naming Committee that the park be named, "Good
Neighbors Park," with the sign to include additional
information, in smaller script, about the historic
Rancho Belardes in which the park is located.
Mr. King reported on a meeting held on Friday, February 28,
with staff, David Belardes and representatives of the Park
Naming Committee. The Committee considered three
alternatives: (1) "Good Neighbors Park," (2) "Good Neighbors
Park" with language in smaller script to be placed on the
sign regarding the historic Rancho Belardes, and (3) "Good
Neighbors Park" with language in same -size script to be
placed on the sign regarding the historic Rancho Belardes.
The Committee unanimously chose Alternative No. 2, and a
telephone survey of the Parks and Recreation Commissioners
indicated their unanimously preference for Alternative No.
2.
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Approval of Park Name:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the park located on
Alipaz Street at Calle Lucana be named "Good Neighbors Park,"
with language, in smaller script, to be included on the sign
regarding the historic Rancho Belardes upon which the park
is located.
Mayor Jones noted an article which appeared in the March 1992
issue of Sunset magazine about the park. Mr. King noted that
the park's dedication program would include a picnic and
fundraising activities to assist the residents affected by
recent heavy rains.
1. AMENDMENT TO TITLE 7 OF THE MUNICIPAL CODE - ADDING
Written Communication:
Report dated March 3, 1992, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
February 18, 1992, with an amendment regarding posting of
signs in violation of Elections Code Section 29470. The
Ordinance was scheduled for adoption.
Adoption of Ordinance:
The City Manager read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Hausdorfer, that the following
Ordinance be adopted:
ORDINANCE NO 700 AMENDING TITLE 7 OF THE MUNICI-
PAL CODE - TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-
WAY - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING CHAPTER 9 TO TITLE
7 OF THE MUNICIPAL CODE DEALING WITH TEMPORARY
SIGNS IN THE PUBLIC RIGHT-OF-WAY.
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
and Mayor Jones
NOES: Councilman Vasquez
ABSENT: None
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COUNCILMANIC ITEMS
CONSIDERATION OF DESIGN REVIEW RESPONSIBILITIES OF THE
PLANNING COMMISSION AND THE DESIGN REVIEW COMMISSION
(420.30)
Written Communication:
Report dated March 3, 1992, from the Mayor, recommending that
the Planning Commission and the Design Review Commission be
directed to hold a joint worksession to determine which
commission should assume the responsibility for review of
building massing.
Councilman Friess spoke in reference to the letter from the
City's Planning Department to the Orange County Planning
Commission forwarding the recommendations of the Planning
Commission and the Design Review Commission with regard to
development of the Schuller property. He suggested that
since the letter implied that the Design Review Commission's
recommendations were outside their realm of responsibility
with regard to massing, the City should send a revised letter
to the County Planning Commission clarifying that the Design
Review Commission's recommendations reflected the intent of
the community.
Approval of Joint Worksession:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the Planning Commission
and the Design Review Commission be directed to conduct a
joint public worksession on the subject of responsibility for
review of building massing. The Commissioners shall include
in their discussion the letter sent to the County Planning
Commission and the preparation of a revised letter to the
Orange County Planning Commission clarifying the matter.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Councilman Friess noted that portions of the Foothill
Corridor are presently under construction. The Eastern
portion will hold its final hearing on the EIR in April,
and Foothill South is currently in litigation.
b. San Joacruin Hills Transportation Corridor (800.50)
Councilman Friess reported that Judge Gray found in
favor of the Corridor and its EIR. The decision by the
federal courts is anticipated by late spring, after
which the bonds will be available for sale. The project
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will now move on to the next stage, with construction
estimated to begin early summer 1992.
COUNCIL COMMENTS
1. EQUESTRIAN TRAIL - MARBELLA CREST (TRACT 13846) (930.40)
Councilman Harris expressed concern regarding destruction of
the existing equestrian trail from grading activities at the
Marbella Crest project and inquired what mitigation measures
could be instituted to prevent this in the future.
Mr. Huber advised that just prior to sign -off of the plans
the developer made last-minute changes to the grading plans
which affected the trail and which were not brought to the
attention of the engineering staff. The developer has since
been notified of the violation and has been limited to rough
grading only until the issue of the trail is resolved. To
prevent this from occurring again, the staff member assigned
responsibility for reviewing the City's trails will review
and initial plans before they are finalized.
STAFF COMMENDATION - FINANCIAL REPORTING (730.901
Councilman Harris noted that the Chairman of the California
Society of Municipal Finance Officers advised that the City's
1990-91 comprehensive annual financial report qualified for
an Award for Outstanding Financial Reporting. David Bentz,
Cindy Pendleton and the Administrative Services staff were
commended for their efforts.
3. INTERJURISDICTIONAL PLANNING FORUM (MEASURE M) (440.101
Mayor Jones noted that through the efforts of the Department
of Engineering and Building, the City received $50,000 for
allocations in Areas 5 and 9 and topped the priority funding
for funds for the Rancho Viejo Road signal. He advised the
City will receive $313,000 of the total allocated to Growth
Management Area 11 and commended Mr. Huber and his staff for
their efforts.
CLOSED SESSION
None.
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There being no further business before the Council, the meeting
was adjourned at 10:02 p.m. to the next regular meeting date of
Tuesday, March 17, 1992, at 7:00 p.m, in the City Council Chamber.
Respectfully submitted,
CHERYL JOHIMON,LICITY CLERK
ATTEST:
CGIL -JONES, YOR
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