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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 -1- 3/3/92 f 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. -2- 3/3/92 187 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 -3- 3/3/92 188 1 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. -4- 3/3/92 > 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 -5- 3/3/92 a f� 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. -6- 3/3/92 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 -7- 3/3/92 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. 2:1= 3/3/92 193 (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 -9- 3/3/92 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 -10- 3/3/92 b +w 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. -11- 3/3/92 41 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. -12- 3/3/92 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: -13- 3/3/92 nam 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. -14- 3/3/92 T 9 i7 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. -15- 3/3/92 9400 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 -16- 3/3/92 , 1 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 -17- 3/3/92 202 "1 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. -18- 3/3/92 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 -19- 3/3/92 P