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92-0317_CC_Minutes_Regular MeetingMARCH 17, 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 Monsignor Paul Martin of the Mission San Juan Capistrano. 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; Jon Goetz, Deputy 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; Dick Bobertz, Land Use Manager; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of March 3. 1992: It was moved by Councilman Harris, seconded by Councilman Friess, that the Minutes of the Regular Meeting of March 3, 1992, be approved as submitted. 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 Hausdorfer, seconded by Councilman Friess, and unanimously carried that all Ordinances be read by title only. -1- 3/17/92 PRESENTATIONS AND COMMENDATIONS CAPISTRANO 2000 - A BLUEPRINT FOR EXCELLENCE (CAPISTRANO UNIFIED SCHOOL DISTRICT) (515.20) Barbara Smith, Director of Curriculum and Instruction for the Capistrano Unified School District, gave an oral and video presentation regarding the development of a strategic educational plan for the District. PRESENTATION OF AWARD FOR OUTSTANDING FINANCIAL REPORTING FROM CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS (330.10) Written Communication: Report dated March 17, 1992, from the City Manager, commending Cindy Pendleton, Accounting Officer, for her work in the preparation of the City's annual financial statement, which resulted in the City receiving the 1990-91 Certificate of Award for Outstanding Financial Reporting. Presentation of Award: Ms. Pendleton presented the 1990-91 Certificate of Award for Outstanding Financial Reporting to the City Council. Mayor Jones commended Ms. Pendleton's work and dedication, and Ms. Pendleton expressed appreciation to the Administrative Services staff for their assistance. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) FENCING AT PARK/SYCAMORE STABLES (920.101 Ben Michalec, 26376 Oso Road, requested assistance from the City to resolve the visual impacts created by the installation of a fence by Sycamore Stables on City park land between the Capistrano Villas and the stables. He felt that the fence destroyed the neighborhood's view of the open space area and would reduce property values in the area. Tiffany Ashley, 30888 Avenida de la Vista, president of Capistrano Villas Homeowners Association, noted that she had received complaints regarding the fence and suggested that a different type of fence be considered to mitigate the neighborhood's concerns. Mr. Scarborough indicated that since the March 3 meeting, staff studied the conditions of approval in the Resolution for Sycamore Stables and met with Mr. Michalec, but found no condition which regulated the type of fencing to be installed. He noted that Sycamore Stables had installed the fence for security purposes. -2- 3/17/92 1207 Councilman Friess recalled that at the time the stables operation was originally approved, residents had requested that sensitivity be accorded to the Villas residents to mitigate impacts from the stables operation. He felt that installing the fence for security purposes was reasonable; however, it should be done in the spirit of the original understandings between the stables and the residents. He suggested that the fence might be relocated downslope. Councilman Hausdorfer concurred and requested that the appropriate information be provided to the residents and the matter be resolved. It was a consensus of the Council that the Assistant City Manager meet with the residents to resolve their concerns. 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, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSTAIN: Councilman Harris ABSENT: None 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY 29. 1992 (350.30) The City Treasurer's Report of Investments as of February 29, 1992, in the total amount of $17,485,713.84 was received and filed. E. REPORT OF • AND RECREATION TRAILS COPT-W-13COIN ACTIONS The Report dated March 17, 1992, from the Director of Community Services, regarding actions taken at the meeting of February 24, 1992, was ordered received and filed. The Report dated March 17, 1992, from the Director of Planning Services, regarding actions taken at the meeting of February 27, 1992, was ordered received and filed. -3- 3/17/92 909 4. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated March 17, 1992, from the Director of Planning Services, regarding actions taken at the meeting of March 10, 1992, was ordered received and filed. CULTURAL HERITAGE COMMISSION APPROVAL OF THE FINAL WORKING DRAWINGS FOR THE HISTORIC DEPICTION PROGRAM FOR OCEAN HILLS COMMUNITY CHURCH LOCATED AT 32222 DEL OBISPO STREET - ARCHITECTURAL CONTROL 90-12 (610.30/410.60) The Report dated March 17, 1992, from the Director of Planning Services, forwarding the Cultural Heritage Commission's February 25, 1992, approval of the Final Working Drawings for the Historic Depiction Program for Ocean Hills Community Church, was received and filed. The Historic Depiction Program consists of a plaque to be located on the east side of the historic Cook residence. 6. AWARD OF CONTRACT - 1992 WEED ABATEMENT PROGRAM (H&M EXCAVATING, INC.) (600.301 7. As set forth in the Report dated March 17, 1992, from the Director of Public Lands and Facilities, the bids for the 1992 Weed Abatement Program were accepted as complete and the contract was awarded to the low responsible bidder, H & M Excavating, Inc. in the amount of $10,687.19. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. As set forth in the report dated March 17, 1992, from the Director of Planning, the following Resolution setting forth the March 3rd City Council conditions of approval and including an applicant -requested modification which would obligate the school to complete the visual landscape mitigation plan by June 19, 1992, was adopted: RESOLlTlON NO 92-3-17-1. APPROVING MODIFICATION TO ARCHITECTURAL CONTROL 85-7 - EXTENSION OF TIME FOR USE OF TEMPORARY STRUCTURES (STONEYBROOKE rHRISTIAN SCHOOL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO ARCHITECTURAL CONTROL 85-07 TO ALLOW AN EXTENSION OF TIME FOR THE CONTINUED USE OF TEMPORARY MODULAR BUILDINGS AND A SPECIFIC PROGRAM FOR RELOCATION OF SAID FACILITIES LOCATED AT 26300 VIA ESCOLAR (STONEYBROOKE CHRISTIAN SCHOOL) -4- 3/17/92 PUBLIC HEARINGS 1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT - VAQUERO WEST MERCANTILE (SAN JUAN SALOON) (CONTINUED FROM MARCH 3. 1992) (400.20) Proposal: Joint Hearing held to consider a proposed lease agreement with Vaquero West Mercantile for the San Juan Saloon property. The hearing was continued from the meeting of March 3 to allow final technical review by staff of the proposed ten-year lease agreement. Written Communication: Report dated March 17, 1992, from the Director of Administra- tive Services, recommending that the hearing be continued to the meeting of April 7, 1992, at the request of Tim Holsten, owner of Vaquero West Mercantile. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, with the consensus of the Council, Mayor Jones directed that the public hearing be continued to the meeting of April 7, 1992. RECESS AND RECONVENE Council recessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:41 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REPORT ON VENDOR AND OUTDOOR SALES (390.60) Written Communication: Report dated March 17, 1992, from the Assistant City Manager, recommending provisions to be incorporated into the Municipal Code regulating vending. The provisions were recommended in response to complaints from flower shop owners in the City regarding the sale of flowers by outside temporary vendors in close proximity to their shops on Valentine's Day. Mr. Scarborough discussed the five provisions recommended for incorporation into the City's vending regulations. He advised that following review of the current regulations, staff and the City Attorney had concluded that although the vending regulations do not restrict vending from private -5- 3/17/92 property, a requirement in the Land Use regulations for land use compliance was applicable. The City has not required that vending on private property be subject to zoning regulations; however, vending from private property will not now be allowed without zoning compliance occurring through the land use process, which would require that a site plan be modified by the Planning Commission through the normal, noticed process. Councilman Hausdorfer felt that outside vendors should not be altogether prohibited since some vending is desirable, such as during athletic games. He suggested that the regulations should work in a fair and reasonable manner and at the same time protect the on-going merchants; that regulations specifically addressing vending during holidays may need to be considered. Councilman Vasquez suggested that consideration be given to not permitting certain types of vendors on certain holidays. Councilman Harris stated that he was sympathetic with the local merchants' concerns; however, he did not want to prohibit such activities as ice cream trucks and the selling of flowers in restaurants. He stated he did not want to over -regulate vending and that careful review should be given to all the ramifications of a stronger ordinance. He suggested that local businesses could be given preferential treatment in terms of their own vending operation. Mr. Julian stated that the proposed ordinance would be thoroughly reviewed by the City Attorney to ensure that the regulations are enforceable and that the City does not appear to be an economic protectionist. Mayor Jones cited the need for enforcement and was advised that the Sheriff's Department would be responsible for enforcement. it was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that staff be directed to prepare draft Ordinances, for Council consideration incorporating the following provisions: (1) The present fee of $38 for a vending permit be increased. (2) The Land Use Code shall be amended to provide that it is a violation of the Municipal Code to vend from private property for more than 15 minutes without first obtaining approval through the Development Review process of Title 9 of the Municipal Code. cm 3/17/92 Z11 (3) Vending within 500 feet of a school or public park shall be prohibited. (4) Blocking or interfering with pedestrian traffic on sidewalks shall be prohibited. (5) A completed application for a vending permit must be received a minimum of 30 days prior to the requested date of issuance. 2. CONSIDERATION OF REQUEST FOR CONTRACT EXTENSION FOR Written Communication: Report dated March 17, 1992, from the Senior Management Assistant, recommending that the request by Medix Ambulance Service to extend their contract for an additional four-year period for emergency medical transport service be approved, as provisioned in the terms of their agreement with the City. The City bears no direct cost for this contract, as costs for the service are borne by service users. Jennifer Murray, Senior Management Assistant, made an oral presentation. Approval of Contract Extension: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the contract with Medix Ambulance Service, Inc. for emergency medical transport service be extended for a four-year period, beginning January 1, 1993, to December 31, 1996, with the finding that the service has been significantly above that set by the contract. s • • ,M • •+! z • • x Report dated March 17, 1992, from the City Manager, recommending revisions to the City's Personnel Rules and Regulations to bring them into conformance with the changes agreed to in Memoranda of Understanding adopted since September 6, 1988, and with recent changes in personnel law. It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: -7- 3/17/92 ,1 2 RESOLUTION NO 92-3-17-2 ADOPTING NEW PERSONNEL RULES AND REGULATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 88-9-6-5, AND ALL AMENDMENTS THERETO, AND ADOPTING IN PLACE THEREOF NEW PERSONNEL RULES AND REGULATIONS The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF PLANNING SERVICES STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) written Communication: Report dated March 17, 1992, from the Director of Planning Services, advising that two new development applications were received by the City since the last report of February 18, 1992. It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried that the report be received and filed. DIRECTOR OF ENGINEERING AND BUILDING BERVICEB 1. RESOLUTION REQUESTING FUNDS FROM THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS FOR VARIOUS IMPROVEMENTS (940.45) Written Communication: Report dated March 17, 1992, from the Director of Engineering and Building, recommending that the City request an allocation of funds from programs of the Orange County Local Transportation Authority for the widening of Del Obispo Street from Paseo de la Paz to Calle Aspero; the signalization of the intersections of Camino Capistrano/Junipero Serra Road, Del Obispo Street/Aguacate Road, and Rancho Viejo Road/Village Road; and hardwire interconnect on Del Obispo Street between Alipaz Street and Camino Capistrano. Councilman Hausdorfer noted that the appellate court upheld the provisions of Measure M this date, and that funding will -8- 3/17/92 213 be made available in the near future if the matter is not appealed to the State Supreme Court. Approval to Reauest Funding: It was moved by Councilman Harris, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 92-3-17-3. REQUEST FOR FUNDS FROM THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS FOR VARIOUS IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS FOR THE IMPROVEMENT OF: THE SIGNALIZATION OF THE INTERSEC- TIONS OF CAMINO CAPISTRANO/JUNIPERO SERRA ROAD, DEL OBISPO STREET/AGUACATE ROAD, AND VILLAGE ROAD/RANC- HO VIEJO ROAD; HARDWIRE INTERCONNECT ON DEL OBISPO STREET BETWEEN THE INTERSECTIONS OF ALIPAZ STREET, PASEO ADELANTO, AND CAMINO CAPISTRANO; AND IMPROVE- MENTS OF DEL OBISPO STREET FROM PASEO DE LA PAZ TO CALLE ASPERO The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF COMMUNITY SERVICES 1. CONSIDERATION OF SAN JUAN MARKETPLACE DOWNTOWN EVENT (150 60) Written Communication: Report dated March 17, 1992, from the Director of Community Services, recommending that the Council approve the concept of a monthly community -oriented event in the City's downtown area to be called "San Juan Market Place" to encourage interaction among merchants, residents, and visitors. The event would be held the first Thursday of each month from 6:00 p.m. to 9:00 p.m., with the first one proposed for May 7, 1992. Mr. Julian made an oral presentation noting that the event provided an opportunity for merchants to promote their businesses. -9- 3/17/92 Mr. Huber summarized the proposed activities and traffic issues for the event. Street closures would begin about 4:00 p.m., with access for emergency vehicles only. He felt that motorists would eventually become familiar with the monthly street closures and would be able to accommodate revised traffic patterns. The Sheriff's Department plans to utilize as much volunteer service as possible to reduce their costs. He felt that the fair might generate sufficient revenue to cover the City's costs and that issues of concern could be resolved. It is proposed that the fair be re-evaluated after the first two events. The Council generally expressed concern that all local businesses be given a fair chance to participate in the event. Mike Darnold, 26022 Avenida Mariposa, and Tricia Elflein, 31831 Via Puntero, organizers of the event, stated that applications to rent space at the fair would be sent to all persons who have a business license in the City; applications would be received on a first-come, first -serve basis and would be limited to local businesses. Merchants would be able to sell only those items which they would normally sell at their place of business. One hundred 10' x 10' spaces are proposed, to include non-profit organizations, service businesses, entertainment, media, educational, etc. When the spaces become full, applicants would be placed on a rotating waiting list, with new applicants placed at the bottom of the list. If a business misses two events, their name would be placed at the bottom of the list. It is anticipated that the City would be reimbursed for its costs as soon as possible. No alcoholic beverages would be sold. The steering committee for the event consists of community leaders and the Chamber of Commerce president. The Council was generally in full support of the concept for the fair and made the following comments: Councilman Vasquez cited concern with traffic impacts and recommended that the costs, inconvenience to commuters, and benefits to the participating merchants be evaluated. Councilman Harris cited support for the event due to its benefit to the community and a bolstering of community _ spirit. He concurred regarding traffic impacts. Councilman Hausdorfer also cited support for the event and suggested that staff assist the organizers with "cutting through the red tape" to meet the health and AQMD requirements. He emphasized that the event should become self-sufficient. Councilman Friess felt that the fair would be very successful and because of that, expressed concern that all businesses -10- 3/17/92 215 would have equal opportunity to participate. He suggested that a lottery system be considered to prevent aggressive businesses from always being included. Mr. Darnold stated that the proposed method has worked with other cities (San Luis Obispo and Vista); however, the organizers would modify the proposal to fit the situation, if necessary. Conceptual Approval of Event: It was moved by Councilman Harris, seconded by Councilman Hausdorfer, and unanimously carried that: (1) The concept of the event, "San Juan Market Place," be approved, pending the receipt of approvals from various other County agencies; (2) The Director of Engineering and Building be authorized to issue to organizers a Special Event Street Closure Permit, as set forth in Section 4-6.1002 of the Munici- pal Code, upon the receipt of all necessary permits from other jurisdictional agencies; and (3) The placement of banners be authorized at various approved street banner locations in the community, subject to staff approval of the banner design and specifications. COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES League of California Cities (140.20) Councilman Hausdorfer noted that the issue of the appointment to the AQMD was resolved --Mr. Wedaa will retain his position. COUNCIL COMMENTS 1. LITTLE LEAGUE FIELD (COOK PARK LA NOVIAI (960 Councilman Hausdorfer expressed appreciation to the Community Services staff and the Parks and Recreation Commission for their quick response in the preparation of the new Little League field at Cook Park La Novia. Councilman Friess noted that traffic problems have arisen at the park from double and triple parking and street vendors. Staff was requested to resolve this issue before patterns have been established. -11- 3/17/92 A6 2. HISTORIC TOWN CENTER PROJECT (&00.:!10) Councilman Hausdorfer noted that he and the City Manager had bet with Dene Oliver of Oliver & McMillan, who had requested consideration of reimbursing that the company's substantial costs for developing the Historic Town Center plan, which is now defunct. It was a consensus of the Council that the City Manager meet with Mr. Oliver to clarify and resolve the issues. 3. RANCHO CAPISTRANO COMMUNITY CHURCH USE PERMIT 91-13 APPEAL (440.40) Councilman Friess advised that the appeal of the Rancho Capistrano Community Church project would be heard by the Board of Supervisors on March 24th and that he intended to be present at the meeting to clarify what he perceived happened with regard to the letter from the City to the Orange County Planning Commission on the project. He stated that he would attend in an official capacity if there were no objections and would clarify what the Planning Commission and Design Review Commission were trying to say and the r. --esent the general philosophy of the City. He stated that s._..f had prepared a letter for review by the two Commissions that clarified the situation and he would like to be present to reinforce the letter. It was a consensus of the Council that Councilman Friess attend the hearing on behalf of the City to reinforce the intent of the letter to the County Planning Commission, as long as the Board of Supervisors was aware that he was not there in an appeal capacity. There being no further business before the Council, the meeting was adjourned at 8:55 P.M. to the next regular meeting date of Tuesday, March 31, 1992, at 1:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL J601SOW, CITY CLERK ATTEST: GIL JONES, MAYOR -12- 3/17/92