Loading...
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. -1- 5/19/92 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 -2- 5/19/92 7 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. -3- 5/19/92 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. -4- 5/19/92 283 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 -5- 5/19/92 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. -6- 5/19/92 285 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. -7- 5/19/92 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 -8- 5/19/92 ,� 7 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 -9- 5/19/92 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. -10- 5/19/92 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 -11- 5/19/92