92-0519_CC_Minutes_Regular MeetingMAY 19, 1992
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JOAN 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 Mandy Towfiq of
the Baha'i Faith/Local Spiritual Assembly of 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; Richard K.
Denhalter, 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; Nancy
Bernardi, Recording Secretary.
MINUTES
Regular Meeting of May 5, 1992:
It was moved by Councilman Harris, seconded by Councilman Vasquez,
that the Minutes of the Regular Meeting of May 5, 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
Harris, and unanimously carried that all Ordinances be read by
title only.
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ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
SAN JUAN MARKET PLACE (150.60)
Mike Darnold, 26022 Avenida Mariposa, and Tricia Elflein, on
behalf of the San Juan Market Place, expressed appreciation
for the enthusiastic support received from the City Council,
City staff, and the community for the first San Juan Market
Place event on May 7, 1992. He noted that an article about
the event will be published in the September 1992 issue of
Sunset Magazine.
2. OVERCROWDING (450.40)
Larry Culbertson, 32882 Avenida Del Rosal, requested assis-
tance from the City to investigate overcrowding at a home in
the Harbor Lane Homes tract. He suggested that the City
adopt an ordinance regulating overcrowding similar to the one
recently adopted in the City of Dana Point, which is based
upon a Orange County Apartment Owners Association policy.
Mr. Denhalter stated he was in the process of reviewing a
similar ordinance of the City of Santa Ana.
VIEW ENCROACHMENT (450.40)
Phyllis Hess, 27453 Ortega Highway, stated that a neighbor
constructed an additional garage and a 10 -foot block wall 40
feet from her front picture window, which now blocks her
views. She requested that the City adopt an ordinance to
regulate view impacts. Mr. Julian stated that staff would
respond to Ms. Hess and forward a memorandum to the City
Council. He advised that the neighbor had obtained a
building permit for the construction and that the plans
complied with City standards.
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 with Mayor Jones noting his abstention due to
the proximity of his home and residence to the Los Rios Entry
Plaza:
AYES: Councilmen Friess, Harris, Hausdorfer,
and Vasquez
NOES: None
ABSTAIN: Mayor Jones
ABSENT: None
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1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF APRIL 30. 1992
(350.30)
The City Treasurer's Report of Investments as of April 30,
1992, in the total amount of $19,078,625.74 was received and
filed.
2. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated May 19, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of May 6,
1992, was ordered received and filed.
3. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated May 19, 1992, from the Director of Planning
Services, regarding actions taken at the Special Meeting of
April 29, 1992, was ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated May 19, 1992, from the Director of Planning
Services, regarding actions taken at the meetings of May 4
and May 12, 1992, were ordered received and filed.
5. ACCEPTANCE OF BID AND AWARD OF CONTRACT - LOS RIOS ENTRY
PLAZA (LA PALMA EQUIPMENT RENTAL CORPORATION) (600.30)
As set forth in the Report dated May 19, 1992, from the
Management Assistant I, the contract for the construction of
the Los Rios Entry Plaza was awarded to the lowest respon-
sible bidder, La Palma Equipment Rental Corporation, in the
amount of $52,992.20. All other bids were rejected, and the
Mayor and City Clerk were authorized to execute the contract
on behalf of the City. The project consists of 2 distinct
landscape areas, pedestrian walkways and an emergency vehicle
access area. The project will be funded by Community
Development Block Grant funds, a $2,000 donation by San Juan
Beautiful for a Coast Live Oak specimen tree, and the
donation of native materials by the citizens of San Juan
Capistrano.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION AND DESIGN REVIEW COMMISSION
ACTIONS RE: LIBRARY PARKING LOT (PATRICK CROWLEY) (TO BE
CONTINUED TO JUNE 2. 1992) (410.50)
Proposal:
Consideration of an appeal of the Planning Commission and
Design Review Commission decisions which conditionally
approved the parking lot and its design for the San Juan
Capistrano Mission Church and San Juan Capistrano Library.
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The parking lot is to be located at the northeast corner of
E1 Horno Street and E1 Camino Real.
Appellant•
Patrick Crowley, P.O. Box 293, San Juan Capistrano, CA 92675
Written Communication:
Report dated May 19, 1992, from the Director of Planning
Services, recommending that the public hearing be continued
to the meeting of June 2, 1992, due to an error which
resulted in 16 of the 36 property owners within 300 feet of
the project site not receiving notice of the hearing.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and there was no response.
Continuation of Public Hearing:
With the consensus of Council, Mayor Jones directed that the
public hearing be continued to the meeting of June 2, 1992.
2. INTRODUCTION OF THE OPEN SPACE MASTER PLAN AND DRAFT
ENVIRONMENTAL IMPACT REPORT (530.40)
Proposal:
Introduction and review of the draft Open Space Master Plan
and the Draft Environmental Impact Report prepared over an
18 -month period to carry out the intent and mandate of the
1990 Save Open Space Bond Measure.
Applicant•
City of San Juan Capistrano
Written Communication:
Report dated May 19, 1992, from the Director of Community
Services, forwarding the draft Open Space Master Plan, the
Draft Environmental Impact Report, "Facts and Findings in
Support of Statement of Overriding Considerations," Response
to Comments on the draft Open Space Master Plan and the DEIR,
a public Briefing document, and the Save Open Space Bond
Measure Summary. Staff recommended that public input be
received and the public hearing continued to the meeting of
June 2, 1992.
Staff Presentation:
Al King, Director of Community Services, presented a brief
overview of the Open Space Master Plan. He emphasized that
the plan was designed to be flexible and not a specific plan
and will address immediate as well as future needs of the
community. Because of its built-in flexibility, the Open
Space Master Plan can be modified and improved over the next
20+ years.
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283
Pauline Leonard, representing the Open Space Advisory
Committee, spoke regarding the planning process for the Open
Space Master Plan and the compromises which were eventually
reached among workshop participants.
William Ramsey, Senior Planner, summarized the Draft Environ-
mental Impact Report and its process to date. He discussed
the mitigation measures in the EIR for the long-term imple-
mentation of the Plan over the next 20+ years, including
those for the land use impacts at the Kinoshita Farm site and
the biological resources to protect riparian habitat, coastal
sage scrub, and cultural resources at the North San Juan
site. He noted that additional environmental review would
occur during the Open Space Master Plan process. He stated
that traffic impacts at the entrance to the North San Juan
site will be studied to ensure adequate stacking and traffic
circulation on Camino Capistrano to eliminate the need for
traffic signals. He recommended that the Council adopt a
Statement of Overriding Considerations regarding the unavoid-
able and significant impacts to the North San Juan and
Kinoshita Farm sites. Copies of the Response to Comments
were circulated to the City's commission and board members
for their review.
Mr. Julian stated that the City must consider unique ap-
proaches and opportunities to provide funding for the Open
Space development and not limit itself to traditional means
and methods. He encouraged the community's continued
participation in the Open Space Master Plan process.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
(1) Thomas Breen, Paseo Aldanza, spoke on behalf of the Fran
Joswick Therapeutic Riding Center. He advised that a
permanent facility would assist the Center in obtaining
needed funding.
(2) Al Arps, 32302 Alipaz Street, Space 158, voiced his
support for the plan and commented on the original
recreational plans for the City.
(3) Mike Redding, 25775 Avenida Pedregal, participant in the
Open Space Master Plan workshops, noted how a consensus
had been reached among participants. He stated that his
vision of open space was similar to that at Salt Creek --
unimproved coastal sage scrub habitat. He concurred
with the proposed recreational uses at the Kinoshita
Farm site but stated that because of the more intense
uses at that site, the North San Juan site be left
undeveloped as much as possible to accommodate those
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persons who voted for true open space, further noting
that not everyone participated in active recreation.
(4) Carl Kuhn, 23732 Kaleema Bay, Dana Point, requested that
the Fran Joswick Therapeutic Riding Center continue to
be a part of the City so that it can extend its unique _
services to other handicapped persons in the County.
(5) Craig Watkins, 24961 Dana Fir, Dana Point, spoke on
behalf of the American Youth Soccer Organization and
cited support of the Open Space Master Plan and the
addition of athletic fields to alleviate the overuse and
resulting deterioration of existing fields in the South
County area. He submitted 650 signatures supporting
improved conditions at current fields, acquisition of
new fields, and retention of the "Marco III track
field." He advised that the Organization would hold
its regional tournament in the City the first weekend of
July 1992, and all revenues generated from the tourna-
ment will be donated to the City for AYSO's future use
of the fields. Members of the AYSO and Dave Lewis,
Capistrano Bay Parks and Recreation director, have
indicated their willingness to work with the City to
obtain funding for the Kinoshita Farm site improvements.
Council Comments:
The Council members individually voiced their support for the
OSMP and expressed appreciation to all of those who partici-
pated in the workshops and the Open Space Master Plan
process.
Councilman Hausdorfer stated that he would support the plan,
but cited concurrence with Mr. Redding's comments. He
emphasized that the same level of community involvement and
commitment were necessary to implement the Open Space Master
Plan. He expressed appreciation to all those involved in the
Open Space Master Plan process, in particular Committee
members William Buckner, Vickee Donoho, Marlene Draper,
Jerry Harris, and Pauline Leonard.
Councilman Harris commended Councilman Hausdorfer's success
in getting the community involved with the original plan to
purchase open space.
Continuation of Public Hearing:
With the consensus of Council, Mayor Jones directed that the
public hearing be continued to the meeting of June 2, 1992.
RECESS AND RECONVENE
Council recessed at 8:10 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:11 p.m.
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ADMINISTRATIVE ITEMS
CITY MANAGER
1. ACCEPTANCE OF OUITCLAIM DEED -
written Communication:
Report dated May 19, 1992, from the Assistant City Manager,
summarizing the terms of the quitclaim deed from Glendale
Federal Bank to meet the park land dedication requirement for
the Glenfed development. The report noted that water rights
had been reserved in favor of the San Juan Hills Golf Course
and its new owner, Torson Pacific Investments. Staff
recommended that the Quitclaim Deed be accepted.
Acceptance of Ouitclaim Deed:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the Quitclaim Deed from
Glendale Federal Bank be accepted for the dedication of park
land properties located on two parcels on either side of La
Novia Avenue between the San Juan Creek Channel and San Juan
Creek Road to satisfy a condition of approval for park land
dedication.
REVIEW OF COUNCIL POLICY MANUAL (610.30)
Written Communication:
Report dated May 19, 1992, from the Council Services Manager,
advising that the Council Policy Manual had been reviewed
over the last year and recommending that the Manual be
revised to reflect suggested changes by City departments.
The recommended revisions included the deletion of
unnecessary policies or updating of incorrect information; no
changes were proposed to the intent of any policy.
Adoption of Revisions to Council Policy Manual:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Council Policy
Manual be revised as recommended in the staff report.
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DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated May 19, 1992, from the Director of Planning
Services, advising that no new development applications were
received by the City since the last report of April 21, 1992.
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the Report be received
and filed.
2. REVIEW OF PUBLIC IMPROVEMENT CONDITIONS REGARDING FUTURE CUL -
Written Communication:
Report dated May 19, 1992, from the Director of Planning
Services, summarizing the various alternative designs and
their advantages and disadvantages for the construction of a
cul-de-sac on Avenida Los Cerritos. This review was made
pursuant to City Council action in approving the rezone for
South Coast Christian Assembly, subject to the applicant
obtaining legal access from Rancho Viejo Road. Staff
recommended that the item be continued to allow additional
time for staff analysis and to notify residents who would be
directly affected by the construction of the cul-de-sac.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that this item be continued
to the meeting of June 2, 1992.
INTRODUCTION OF ORDINANCE APPROVING REZONE 89-01 AND ADOPTION
OF RESOLUTION TENTATIVELY CANCELING WILLIAMSON ACT CONTRACT
FOR PROPERTY LOCATED ON AVENIDA LOS CERRITOS (SOUTH COAST
CHRISTIAN ASSEMBLY) (460.20/530.45)
Written Communication:
Report dated May 19, 1992, from the Director of Planning
Services, forwarding a proposed Ordinance to rezone a 3.3 -
acre parcel located northerly of the terminus of Avenida Los
Cerritos from AG (General Agricultural) to IP (Public and
Institutional) to accommodate a church use; and a proposed
Resolution tentatively canceling the Agricultural Preserve
Contract subject to the zone change taking effect. These
actions were originally taken by the Council at its April 22,
1992, meeting, and the proper draft Ordinance and Resolution
were prepared for formal adoption at the May 5, 1992, City
Council meeting; however, the item was continued to consider
the issue of the Avenida Los Cerritos cul-de-sac. Staff
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recommended that the item be continued to allow additional
time for staff analysis on the issue of the cul-de-sac and to
notify residents who would be directly affected by the
construction of the cul-de-sac.
Continuation of Item:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that this item be continued
to the meeting of June 2, 1992.
DIRECTOR OF PUBLIC LANDS AND FACILITIES
AGREEMENT TO PURCHASE WATER FOR THE KINOSHITA FARM
(CAPISTRANO VALLEY WATER DISTRICT AND SAN JUAN BASIN AUTHOR-
ITY) (600.50)
Written Communication:
Report dated May 19, 1992, from the Director of Public Lands
and Facilities, recommending that the Agreement between the
City, the Capistrano Valley Water District, and the San Juan
Basin Authority be approved to purchase water to maintain the
active agricultural operation at the Kinoshita Farm open
space site. The proposed rehabilitation and use of the San
Juan Basin Authority well on the property would result in
substantial cost savings.
Approval of Use Agreement:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the Agreement
between the City, the Capistrano Valley Water District, and
the San Juan Basin Authority be approved for a five-year
period beginning July 1, 1992, and ending June 30, 1997, to
purchase water to maintain the active agricultural operation
at the Kinoshita Farm open space site.
1. AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE ADDING CHAPTER 22
REGULATING THE DISPLAY OF MATERIAL WHICH IS HARMFUL TO MINORS
(585.30) (ADOPTION)
Written Communication:
Report dated May 19, 1992, from the City Clerk, advising that
the Ordinance was introduced at the meeting of April 21,
1992, and was scheduled for adoption. Staff met with Mr. and
Mrs. Skora regarding their concerns expressed at the April 21
meeting, and it was agreed that no changes to the Ordinance
were necessary.
Adoption of Ordinance:
The Assistant 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
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Harris, seconded by Councilman Friess, that the following
Ordinance be adopted:
ORDINANCE NO 703 PLACEMENT OF ADULT MATERIALS
HARMFUL TO MINORS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER
22 TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO THE PLACEMENT OF ADULT
MATERIALS HARMFUL TO MINORS
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Transportation Corridor (800.50)
Councilman Friess noted that the County Board of
Supervisors approved the EIR for the construction of the
Eastern Corridor. Federal approval of the EIS will
follow.
COUNCIL COMMENTS
1. SEAHORSE RESTAURANT (450.60)
Councilman Vasquez inquired about the Seahorse Saloon
advertised on the Dolley project at the southeast corner of
Camino Capistrano and Del Obispo Street and whether the use
had been approved. Mr. Julian stated that the Seahorse
Saloon is a restaurant western -style entertainment facility.
Mr. Tomlinson stated that final working drawings had not yet
been submitted to the Planning Department for building permit
issuance; however, he noted that the site was zoned for that
type of use through approvals of the Plaza Del Obispo
project.
2. CONSTRUCTION ON VALLE ROAD (450.701
Councilman Friess noted that Collene Campbell has continued
to express concerns regarding grading impacts from construc-
tion on Valle Road and proper notification of surrounding
residents.
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Mr. Huber stated that he previously met with Ms. Campbell and
other residents in the area to discuss their concerns.
Subsequently, staff directed the contractor to address those
concerns, and follow-up letters were sent by the City to the
contractor .,nd Ms. Campbell. The residents' most recent
concerns are with view impacts resulting from the grading of
the plateau area. Although the developer is grading accord-
ing to approved plans, Mr. Huber stated he would continue to
communicate with Ms. Campbell and Planning staff.
Councilman Friess recommended that when a massive project is
approved, a program be prepared to notify the surrounding
residents in advance of the work to be done. Mr. Huber noted
that Mr. Klein, the applicant, did mail letters to nearby
residents on October 7, 1991, advising them of the project's
phasing program.
3. MOBILE HOME RENT CONTROL LEGISLATION (430.70)
Councilman Friess noted the receipt of a petition from
residents of the City's mobile home parks requesting the
City's consideration of the results of recent Supreme Court
legislation regarding mobile home rent control. He advised
that the City Attorney had made a presentation to the City's
Mobile Home Park Review Committee on this matter.
It was a consensus of the Council that this item be placed on
the City Council agenda for June 2, 1992, if possible.
CLOSED SESSION
None.
There being no further business before the Council, the meeting was
adjourned at 8:25 p.m. to the next regular meeting date of Tuesday,
June 2, 1992, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
WIF&I
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