92-0616_CC_Minutes_Regular Meeting321
JUNE 160 1992
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIF
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
Robert L. Schwenck of the Community Presbyterian Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: Kenneth E. Friess, Councilman
(arrived at 7:45 p.m.)
STAFF PRESENT: Stephen B. Julian, City Manager; Richard K.
Denhalter, City Attorney; Dawn Schanderl, Deputy City Clerk;
George Scarborough, Assistant City Manager; David Bentz, Director
of Administrative Services; Thomas Tomlinson, Director of Planning
Services; Ted Simon, City Engineer; Nancy Bernardi, Recording
Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that all Ordinances be read by
title only.
.Dyi-iff[al41;r!q-_6
Tom Daily, 26395 Camino Capistrano, #C, commended the City
Council on its diligent effort in preserving the village
atmosphere of the community and the high quality of life.
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
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21,
AYES: Councilmen Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF JUNE
2. 1992
3.
The Minutes of the Regular Meeting of June 2, 1992, were
approved as submitted.
APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REQU
MEETING OF
The Minutes of the Regular Meeting of June 2, 1992, were
approved as submitted.
The City Treasurer's Report of Investments as of June 3,
1992, in the total amount of $18,803,625.74 was received and
filed.
The Report dated June 16, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of June 3,
1992, was ordered received and filed.
The Report dated June 16, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of May 28,
1992, was ordered received and filed.
The Report dated June 16, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of May 26,
1992, was ordered received and filed.
As set forth in the Report dated June 16, 1992, from the City
Clerk, the following Resolution was adopted requiring
candidates for City election on November 3, 1992, to pay in
advance their pro rata share, estimated at $300 by the City
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Clerk, to include a Candidate's Statement into the voters
pamphlet, and setting a 200 -word limit on the statements:
RESOLUTION NO. 92-6-16-1. REGULATING CANDIDATES'
STATEMENTS NOVEMBER 1992 GENERAL MUNICIPAL
ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO
THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 1992
The statements are to be filed with the City Clerk at the
time the candidate's nomination papers are filed.
As set forth in the Report dated June 16, 1992, from the
Director of Engineering and Building, the following Resolu-
tion was adopted authorizing the submittal of the application
for SB 821 Local Grant Funds for the construction of handi-
capped access ramps at the following locations:
Camino Capistrano/Los Pajaros
Camino Capistrano/Calle Bonita
Camino Capistrano/Calle Chueca
Calle Santa Rosalia/Calle La Bomba
RESOLUTION NO, 92-6-16-2. APPROVAL OF APPLICATION
FOR 1992/1993 LOCAL ALLOCATION FOR SENATE BILL 821
FUNDS - HANDICAPPED ACCESS RAMPS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR LOCAL PEDESTRIAN FUNDS UNDER SENATE BILL 821 -
HANDICAPPED ACCESS RAMPS
9. APPROVAL OF CONSULTANT SERVICES AGREEMENT - DESIGN OF TRAFFIC
SIGNAL/BUS TURNOUT AT RANCHO VIEJO ROAD/VILLAGE ROAD (P&D
TECHNOLOGIES) (600.301
As set forth in the Report dated June 16, 1992, from the
Director of Engineering and Building, the Agreement for
Consulting Services was approved with P&D Technologies in the
amount of $45,265 for the design of a traffic signal and bus
turnout at Rancho Viejo Road/Village Road. The Mayor and the
City Clerk were authorized to execute the contract on behalf
of the City.
The following item was removed from the Consent Calendar.
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It was moved by Mayor Jones, seconded by Councilman
Hausdorfer, and unanimously carried that this item be contin-
ued to the meeting of July 7, 1992, as requested by Dividend
Development Corporation.
1. APPEAL OF PLANNING COMMISSION AND DESIGN REVIEW COMMISSION
Armmrte - T.TRRARV PARKTNG TAT !PATRICK CROWLEY)_(CONTINUED
Proposal'
Consideration of an appeal of the Planning Commission
approval of the site plan for a permanent parking facility
for the San Juan Capistrano Mission Church and San Juan
Capistrano Library at the northeast corner of E1 Horno Street
and E1 Camino Real, and the Design Review Commission approval
of the parking lot design, landscaping, and lighting plans.
The bases of the appeal were the removal of the pepper tree
and the style and height of the proposed light fixtures. The
hearing was continued from the meeting of June 2, 1992, to
allow additional information to be researched by the Juaneno
Indians pertaining to potential archeological resources on
the site.
Appellant'
Mr. Patrick Crowley
P.O. Box 293
San Juan Capistrano, CA 92675
=licant/Property Owner
City of San Juan Capistrano
Community Redevelopment Agency
Written Communication:
Report dated June 16, 1992, from the Director of Planning
Services, recommending that the approvals by both the
Planning Commission and the Design Review Commission be
upheld. Additional archeological research was conducted on-
site by the City's archaeologist, City staff, and David
Belardes of the JuaSeno Band of Indians, and the participants
concluded that a cemetery probably never existed on the
property. However, the participants agreed that placement
of a monument at the main pedestrian walkway entrance
describing the events and sites attributed to the property
and their importance to the Juaneno Band of Indians would be
appropriate.
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Mr. Tomlinson presented the staff's analysis of the various
points in the appeal, including the request for a more
traditional lighting fixture and additional landscaping along
E1 Camino Real and E1 Horno Street to prevent pedestrians
from walking on plants. He noted that preserving the pepper
and ash trees would require the entire parking lot to be
redesigned and that the City's consultant arborculturalist
and the Planning Commission recommended that the trees be
removed. Staff felt that landscaping was adequately ad-
dressed, and the Sheriff's Department felt that the site did
not warrant extra security measures. With regard to the
lighting fixtures, staff preferred the proposed fixtures,
although contemporary in appearance, because of their
excellent ability to direct the light downward and away from
the residences. Mr. Tomlinson noted letters that were
received from nearby residents in 1991 in favor of the
proposed project.
Roberta Greenwood, the City's consultant archaeologist,
stated that her research of the entire history of the site
concluded there was no indication there was ever a cemetery
at this location. She noted that archeological trenching was
performed on most of the site in 1984, and nothing was found
at that time. in addition, 1 foot of soil was previously
removed from the site and monitored, which also uncovered no
evidence of archeological significance. She felt that
grading of the site for the parking lot would not endanger
any cultural resources and would be in compliance with all
regulations of the California Environmental Quality Act
(CEQA).
Robert Marusich, electrical engineer for the project,
explained that the purpose of the proposed lighting fixture
was to minimize glare and light spillage onto adjacent
residential properties and to provide uniform lighting for
the parking lot. He demonstrated the fixture's directional
ability with a downsized model of the proposed fixture.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
(1) Max Holland, 107 E. Avenida de Lobos Marinas, San
Clemente, president of Friends of the Library, spoke in
favor of the parking lot and its proposed improvements.
(2) The appellant, Patrick Crowley, P.O. Box 293, presented
a petition with 241 signatures requesting that the
proposed parking lot be reduced in size.
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(3) Dr. Norman Nuremberg, Los Angeles, disagreed with the
conclusions of the City's archaeologist. He noted that
documents from the Bureau of Land Management had burial
entries for this site throughout the 18001s. He stated
that erosion from a nearby hill could have covered the
cemetery and suggested that the City's excavation did
not go deep enough.
Mr. Crowley produced an aerial map showing the locations
of other cemeteries in the area, which he felt were too
far away to be confused with the burial entries referred
to by Dr. Nuremberg. He stated there was inadequate
notification to nearby residents of the Planning
Commission public hearing and the Design Review commis-
sion meeting on this matter. He stated that the site
should be considered a cultural historic landmark
because of the above-mentioned burial records. He felt
that 91 spaces were excessive since there are usually
less than 10 cars at the lot and recommended that the
City consider his 77 -space alternative.
(4) Tony Amstat, 30160 E1 Camino Real (located adjacent to
the north end of the parking lot), felt that too many
lighting fixtures were proposed along the north side of
the parking lot and that the fixtures' design would be
out of place. He also voiced opposition to the tree
removals and the number of parking spaces proposed and
noted the proposed two-story parking structure for the
future civic center complex. He requested that the lot
be redesigned to mitigate the neighborhood's concerns.
(5) Marge Baumgartner, 26852 Canyon Crest, president of San
Juan Beautiful, felt that the proposed lighting fixtures
were inappropriate for the Mission area and suggested
that Mission bell or lantern -style fixtures be consid-
ered with shielding. She stated that the foundation
offered to donate funds should the more decorative
fixtures be too expensive; otherwise, the foundation
would prefer to donate its funds toward landscaping.
They also concurred with staff's recommendation for tree
removal because of probable damage due to surrounding
pavement and the addition of more trees. She requested
that the concerns of the neighbors and Juaneno Indians
be addressed.
(6) Marie Patterson, 34393 Via San Juan, Capistrano Beach,
requested that the City document and honor the history
of the Juaneno Indians (Acjachema tribe) and offered her
assistance to work with City staff on this issue.
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(7) Tony Brown, 31481 La Mantanza Street, requested that
plans for a smaller lot be considered since the lot
usually has only 8-10 cars on a typical day and a larger
lot would only invite more traffic into a residential
neighborhood. He expressed concerns for children's
safety.
Councilman Friess arrived at 7:45 p.m.
(8) Karen Amstat, 31460 E1 Camino Real, requested that the
lot be reduced in size because of safety concerns for
children and that recognition be given to the Juafieno
Indians. She also preferred that a Mission -style
fixture be used.
(9) Brian Mclnnery, 26372 Calle Lucana, on behalf of the
Mission San Juan Capistrano, stated that the Diocese of
Orange reviewed and approved the proposed parking lot.
He noted that many parking lots are quickly outgrown
because of the growing needs of the community. He
concurred with the monumentation in recognition of the
Juafieno Indians.
(10) Glen Disbang, owner of property at 31461 La Mantanza
(which adjoins the parking lot), spoke in favor of
adding a landscaping strip between his property and the
parking lot as a buffer. He preferred that Mission -
style lighting fixtures be used and placed far enough
away from his property line to minimize light spillage.
He also requested that the avocado trees be preserved.
(11) Jose Aponte, principal librarian at the City Library,
spoke in favor of the proposed parking lot, particularly
because of the complaints he routinely receives from
people visiting the Library about the lack of parking
and the condition of the existing lot. He noted the
large numbers of people who attend the Library's Multi-
Culturalism Performance Arts Series throughout the year.
There being no further input, the hearing was declared closed
with the right to re -open at anytime.
Mr. Julian indicated that a recent meeting held with Roberta
Greenwood, David Belardes, Cassandra Walker (Community
Development Manager), Mr. Tomlinson, and himself concluded
that although the City's findings indicated conflicting
evidence, the City had made a good -faith effort in attempting
to determine the site's archaeological significance. He
suggested that the matter of honoring the Juafieno Indians be
addressed with the Historical Society and the Juafienos to
determine the appropriate monumentation and location.
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Regarding residents' requests for a smaller lot, he explained
that the lot will be heavily impacted by people participating
in nearby public activities in addition to the Library and
the Mission Church. However, overnight parking at the lot
will be prohibited, and the lot will be closed shortly after
the Library closes. The lot may also encourage people to use
it to park instead of private properties. with regard to
Mr. Amstat's comments regarding the civic center parking
structure, Mr. Julian explained that one of the two stories
would be subterranean. He noted that covering an archaeolo-
gical site with pavement is a recognized method for preserv-
ing a site.
Council Comments:
Councilman Vasquez spoke regarding the importance of direct-
ing the lighting downward and noted the glare from the cobra
lights on Los Rios Street. He felt that an appropriate
monumentation was warranted for educational purposes and in
recognition of the Juahenos and that additional research may
be necessary to ensure the specific location of the historic
cemetery.
Councilman Friess was advised that funds were budgeted for
this project in the 1992-93 Capital Improvement Program
budget, and the project is anticipated for completion by the
end of 1992. He felt that it would be more appropriate at
this time to continue the matter in order to address the
concerns of the lighting fixtures and the residents' con-
cerns, particularly because of the lot's location near the
internationally known City Library. He felt that any parking
spaces lost through redesign of the lot could be utilized at
the new civic center and the redesign of the Buchheim Field
parking lot.
Councilman Harris concurred with the Design Review
Commission, particularly with their position regarding the
design of the lighting fixture. He requested that the issues
of aesthetics and safety be addressed. He felt that the
request for a landscaped buffer area could be added without
deleting parking spaces and suggested that the matter be
referred back to the Design Review Commission for approval.
He felt that the archeological aspects of the site had been
adequately and significantly researched.
Mayor Jones expressed his confidence in the research and
findings by Roberta Greenwood.
it was moved by Councilman Vasquez, seconded by Councilman
Hausdorfer, that the following Resolution be adopted confirm-
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ing the approvals by the Planning Commission (of the parking
lot design and tree removals) and the Design Review Commis-
sion (of landscaping and lighting), subject to the following
additional conditions:
(1) Appropriate monumentation in recognition of the Juaneno
Indians for educational purposes shall be located in the
landscaped median.
(2) Staff was directed to work with the lighting consultant
to provide a traditional lighting fixture characteristic
of the Mission District that would direct the light
downward and shield the light source from view, and to
locate them appropriately.
(3) A landscaped buffer area shall be added along the
southern boundary of the parking lot between the
adjacent properties.
• YIY • � � L • yly • •
(CROWLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING
PLANNING COMMISSION RESOLUTION NO. 92-1-14-1 AND
DESIGN REVIEW COMMISSION RESOLUTION NO. 92-3-18-1
RELATIVE TO APPEAL OF APPROVAL OF THE PROPOSED
PARKING LOT DESIGN, TREE REMOVAL AND LANDSCAPING
AND LIGHTING PLANS FOR THE SAN JUAN CAPISTRANO
MISSION CHURCH AND THE SAN JUAN CAPISTRANO LIBRARY
(PATRICK CROWLEY)
The motion carried by the following vote:
AYES: Councilmen Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: Councilman Friess
ABSENT: None
2. TENTATIVE TRACT MAP 14196 AND DEVELOPMENT AGREEMENT FOR A
256 -ACRE SITE LOCATED ADJACENT TO THE EAST SIDE OF I-5
BETWEEN CAMINO LAS RAMBLAS AND THE VALLE ROAD OFFRAMP
(PACIFIC POINT/TMC DEVELOPMENT. INC.) (600.30/420.40)
Councilman Hausdorfer left the Council Chamber due to a
possible conflict of interest.
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Proposal:
Consideration of Tentative Tract Map 14196, Development
Agreement, Landform Control District Plan, Tree Removal
Permit, and Subdivision Waiver for a 256 -acre project
designed in accordance with the Forster Canyon Comprehensive
Development Plan 81-01, generally located parallel to the
east side of Interstate 5 between Camino Las Ramblas and the
Valle Road offramp.
Applicant:
Mike Schlesinger
TMC Development, Inc.
3080 Bristol Street, Suite 150
Costa Mesa, CA 92626
Written Communication:
Report dated June 16, 1992, from the Director of Planning
Services, summarizing the components of the project and
recommendations forwarded by the Planning Commission which
were included in the proposed Development Agreement.
Exhibits were on display, and Christine di Iorio, Senior
Planner, made an oral presentation, including an explanation
of the recommendations forwarded by the Planning Commission
with regard to notification to residents of grading opera-
tions and financing of public improvements. A slide presen-
tation was given of computer simulations comparing the site's
appearance as it exists today, after the proposed grading,
and with five-year landscaping, as seen from various loca-
tions in the City.
In response to an inquiry by Councilman Vasquez, Ms. di Iorio
and Ted Simon, the City Engineer, explained that the slopes
adjacent to Street A would be graded according to the Uniform
Building Code instead of the Municipal Code to create a more
nature appearance without sacrificing safety by minimizing
the length of grading up the hill. Some construction is
proposed for the 1h:1 slopes. Mr. Tomlinson explained the
history of the Window Hill area and its use to store fill
material for the construction of the freeway interchange many
years ago. The proposed grading of Window Hill would result
in a more natural appearance than at present, and the
proposed project would not encroach into any designated
General Plan ridgeline buffer zone, as there are none in the
area.
Mayor Jones expressed concern with imposing a Mello -Roos
Financing District on the new homeowners. Mr. Tomlinson
explained that the proposed Development Agreement does not
require a specific type of financing mechanism. Mr. Denhalter
explained that an Infrastructure Financing District would
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avoid the Mello -Roos impact of continuing assessments on
homeowners; however, since it involves some tax increment
financing, it cannot overlap with any existing redevelopment
agency. The still -experimental method has yet to be tried.
Public Hearino•
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
(1) Mike Schlesinger, representing TMC Development, ex-
pressed appreciation to City staff for their efforts in
working with the applicant and the residents.
(2) Sarah Ross, 33681 Avenida Calita, president of the Alto
Capistrano Homeowners Association, spoke in favor of the
proposed project and commended the applicant and staff
for their continued involvement with the residents.
(3) Mike Darnold, 26022 Avenida Mariposa, spoke in favor of
the proposed project and commended the applicant for
their cooperation with the residents.
(4) Will Godfrey, 33512 Valle Road, was informed that the
equestrian requirements of the area were met in the
proposed project, including feeder trails and connec-
tions to the General Plan trail system.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Comments:
Councilman Vasquez stated that he still objected to the
proposed project because of the severe impacts from the
density of development on Window Hill, large homes on large
lots too close together, taxpayers subsidizing the develop-
ment because of infrastructure financing, and the Development
Agreement favoring the developer.
Resolution Anoroving Tentative Tract Mao 14196:
It was moved by Councilman Friess, seconded by Councilman
Harris, that the following Resolution be adopted condition-
ally approving Tentative Tract Map 14196, the Landform
Control District Plan, Subdivision Waiver, and Tree Removal
Permit:
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332
3.
POINT) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 14196, LANDFORM CONTROL DISTRICT -
PLAN, SUBDIVISION WAIVER AND TREE REMOVAL PERMIT
(TMC/PACIFIC POINT)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Vasquez
ABSENT: Councilman Hausdorfer
The Deputy City Clerk 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 Harris, that the following Ordinance
be introduced conditionally approving the Development
Agreement for the Pacific Point project:
APPROVING DEVELOPMENT AGREEMENT (PACIFIC POINT
PROJECT) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT FOR TENTATIVE TRACT 14196 THE PACIFIC
POINT PROJECT (TMC DEVELOPMENT)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Vasquez
ABSENT: Councilman Hausdorfer
Councilman Hausdorfer returned to the Council Chamber.
Proposal:
Consideration of the proposed City Operating Budget for
fiscal years 1992-1997.
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333
written Communication:
Report dated June 16, 1992, from the Assistant City Manager,
noting that two more hearings were scheduled for June 23 and
June 30, 1992, with formal adoption scheduled for June 30.
Mr. Julian requested that the Council designate two Council-
men to work with staff on recommendations for funding of
community organizations.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Joint Public Hearing, and the following persons
responded:
(1) Tony Gomez, 32762 Rachel Circle, Dana Point, on behalf
of the South Orange County Jr. American Football, in
response to a letter received from the City, requested
funding to provide athletic equipment to youths wishing
to join the program.
Council Discussion:
Councilman Friess was advised
for the Historic Town Center
Capital Improvement Program.
that consideration of funding
was included in the proposed
Mr. Julian spoke regarding the financial constraints being
placed on counties and cities because of budget cutbacks at
the state level, e.g. property tax revenues and vehicle in -
lieu fees. The burden of trying to balance the state budget
has shifted to schools, cities, and counties and will affect
local services such as police, fire, and general governmental
services. He urged residents to contact their state
legislators to express their opinions in this matter.
Councilman Harris was informed that the City has spent
approximately $3,000-$4,000 to date in defending FPPC
violations against Council members. He felt that City funds
should be used instead to assist community and charitable
organizations. He noted that the FPPC completely vindicated
the recent allegations against Mayor Jones.
Continuation of Hearing and Direction to Staff:
There being no further response it was moved by Councilman
Hausdorfer, seconded by Councilman Friess, and unanimously
carried that the public hearing be continued to the Regular
Adjourned Meeting of June 23, 1992. Councilmen Harris and
Vasquez were appointed to work with staff to review the
recommendations for funding of community organizations.
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1
ci
RECESS AND RECONVENE
Council recessed at 9:05 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, recessed for a break at 9:07 p.m.,
and reconvened at 9:07 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
written Communication:
Report dated June 16, 1992, from the Assistant City Manager,
recommending that a new agreement be approved with the County
of Orange for animal control services, including animal
rescues, animal sheltering, emergency response, impound
actions, field investigations, and quarantine actions.
Modifications from the previous agreement included an exten-
sion of time to cancel the agreement and more detailed
description of services to be rendered.
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the new Agreement for
Animal Control and Shelter Services with the County of Orange
be approved for the period beginning July 1, 1992, and ending
June 30, 1993.
• >.J_ I
■ i �• • � � n�7�tTRT�e71
Written Communication:
Report dated June 16, 1992, from the City Attorney, forward-
ing a modified Appendix A listing designated City employees
and clarifying when disclosure would and would not result in
response to concerns expressed at the June 2, 1992, meeting.
Committees that perform solely advisory functions for the
City (e.g. Los Rios Review Committee) , were classified as
"Non -designated," and disclosure would only be a matter of
City policy.
Mr. Denhalter made an oral presentation.
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NINTM
amm
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that:
(1) The City's Conflict of Interest Code be amended to
reflect new requirements by the Political Reform Act and
changes in the Government Code with respect to Conflict
of Interest, including all commissions and committees,
on the list of designated employees.
(2) The Council Policy on Consultant Selection Guidelines
be amended to reflect the above modifications.
• ly t_t � 1 • 3• •r • � • 1
Written Communication:
Report dated June 2, 1992, from the City Clerk, forwarding
the amendments to the Agency's Conflict of Interest Code as
approved by the Agency Board of Directors.
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the Community
Redevelopment Agency Conflict of Interest Code as amended,
be approved.
v •• • • � wl x x • 1 I
Written Communication:
Report dated June 16, 1992, from the Director of Planning
Services, advising that seven new development applications
were received by the City since the last report of May 19,
1992.
Motion to Receive and File:
It was moved by Councilman Harris, seconded by Councilman
Vasquez, and unanimously carried that the Report be received
and filed.
2. A
PERMIT FOR WATER TOWER LOCATED AT 25232 CAMINO DEL AVION
(410.70)
written Communication:
Report dated June 16, 1992, from the Director of Planning
Services, summarizing the appeal by John Forster of the
Environmental Review Board action on April 28, 1992, requir-
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Y` t
ing the appellant to provide photographic, historic, and
architectural significance statements prior to the demolition
of the historic water tower located on the grounds of the
Buddy Forster House at 25232 Camino Del Avion. The demoli-
tion permit was requested by Mr. Forster after an inspection _
by the Department of Engineering and Building found the tower
to be structurally unsound. Mr. Forster has offered to
donate the tower to the community provided it is moved off
of his property. Staff recommended that the Environmental
Review Board's action be confirmed.
Dick Bobertz, Land Use Manager, made an oral presentation and
explained the review process by the Environmental Review
Board, which felt that the structure's significance was tied
with its location.
Councilman Hausdorfer stated that the burden of liability
should not be placed on the property owner for a structure
that was determined by the City to be structurally unsound.
Mr. Julian noted that the property owner does not wish to
spend the $500 required to perform the requested documenta-
tion. Mayor Jones empathized with the property owner's
attempt to comply with the City process, only to get caught
up in too much bureaucracy. He noted that he inspected the
tower and concurred that it was a safety hazard.
Affirmation of Annellant's Re es :
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted confirming
the appellant's request for a demolition permit for the water
tower located at 25232 Camino Del Avion, without having to
provide the Environmental Review Board with photographic,
historic, and architectural documentation; and that the tower
be relocated to an appropriate site:
TOWER) - A RESOLUTION OF THE CITY COUNCIL UrThX
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING
THE APPEAL OF ENVIRONMENTAL REVIEW BOARD ACTION ON
APRIL 28, 1992, REQUIRING PHOTOGRAPHIC,
ARCHITECTURAL AND HISTORIC SIGNIFICANCE STATEMENTS
PERTAINING TO THE HISTORIC FORSTER WATER TOWER
LOCATED AT 25232 CAMINO DEL AVION (SITE PLAN REVIEW
92-1) (BUDDY FORSTER WATER TOWER)
The motion carried by the following vote:
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AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSEAT: None
L ADOPTION OF • •• S 4 �• _
•GROWTH MANAGEMENT * 4 (610.30)
Written Communication:
Report dated June 16, 1992, from the Director of Planning
Services, recommending than an Interim Policy Plan be adopted
in order to remain eligible for Measure M funding in stating
the City's commitment to support the goals of Measure M.
This policy would be an interim document until the formal
hearing process for the adoption of the City's Growth
Management Plan is completed.
Councilman Hausdorfer noted the long-term importance of this
issue to the City for infrastructures.
Resolution Adopting Interim Policy Plan on Growth Management:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted approving
the Interim Policy Plan on Growth Management, consistent with
the findings of compliance with the provisions of Measure M
and applicable goals, policies, and objectives of the General
Plan:
OLUTION NO. 92-6-16-6. ADOPTING THE G
NEGATIVE DECLARATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE GROWTH MANAGEMENT PROGRAM
AS A POLICY PLAN DURING THE INTERIM PERIOD PRIOR
TO FORMAL ADOPTION OF A GROWTH MANAGEMENT ELEMENT
TO THE CITY'S GENERAL PLAN AND CERTIFYING NEGATIVE
DECLARATION
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
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4.
written Communications:
(1) Report dated June 16, 1992, from the Director of
Planning Services, recommending that a zone change be
initiated that would establish a maximum building height
for the entire McCracken Hill neighborhood, as requested
by Valle Road Residents, c/o 33542 Valle Road, to
maintain consistency of character of the neighborhood.
The proposed zone change would be from ES (Small Estate)
to ES/16 (Small Estate, Maximum Building Height 16
feet).
(2) Letter dated June 15, 1992, from Gerald J. Klein of the
Klein Group requesting that the zone change study not
be initiated because it would discriminate against his
development and noting that almost all of the existing
homes within the proposed area exceed 16 feet in height.
Mr. Tomlinson made an oral presentation and emphasized that
initiation of the zone change study would not predispose the
City Council toward approving the zone change. He noted that
the parcel owned by Mike Pastore (33762 Valle Road) would not
be included in the zone change area since his specific floor
elevations and design parameters were previously approved by
the Planning Commission and the City Council. He explained
the zone change study process, including staff review, legal
review, and the public hearing process before the Planning
Commission and the City Council.
Jerry Klein, 33161 Camino Capistrano, noted his above-
mentioned letter to the City dated June 15, 1992, and stated
that the residents' request for a zone change was a blatant
attempt to restrict any development potential and his right
to build as the existing property owners previously had.
Motion to Initiate Zone Chanae:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the proposed Resolution be adopted initiating
a zone change for the McCracken Hill area that would estab-
lish a maximum building height of 16 feet. The motion failed
by a vote of 2-3, with Councilmen Harris, Vasquez, and Mayor
Jones voting in opposition.
Mayor Jones and Councilman Vasquez agreed with Mr. Klein in
that, the zone change request was not objective and would
penalize Mr. Klein during the time it would take to perform
the study.
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Councilman Friess felt that it was important to address the
concerns of the existing residents and suggested that staff
continue to meet with Mr. Klein and residents of McCracken
Hill to consider possible creative ways (e.g. predestined
viewshed envelopes) to protect view corridors without a zone
change.
Mr. Denhalter stated that the CC&Rs for this subdivision
specify single and split-level homes, which specifications
could be enforced.
Direction to Staff:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that staff be directed
to continue to meet with Mr. Klein and residents of McCracken
Hill to consider possible creative ways (e.g. predestined
viewshed envelopes) to protect view corridors without a zone
change.
in; 151 Z Lei • 41 ��. 4 ill •t • : •: � • �f • _ • •
•4
Written Communication:
Report dated June 16, 1992, from the Director of Engineering
and Building, recommending that the City's eligibility
package for Measure M funds be approved, including certifica-
tion of the City's intent regarding the Pavement Management
System Program and a Memorandum of Understanding executed by
the Mayor for receipt and use of Measure M funding.
Approval of Memorandum of Understanding:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried that the Memorandum of
Understanding be approved for receipt and use of Measure M
funding. The Mayor was authorized to execute the document
on behalf of the City.
ment System Program:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted certifying
the City's intent regarding the Pavement Management System
Program:
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UM
1.
RESOLUTION NO 92-6-16-7. CERTIFYING INTENT OF THE
CITY OF SAN JUAN CAPISTRANO - PAVEMENT MANAGEMENT
SYSTEM PROGRAM - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING THE INTENT OF THE CITY OF SAN JUAN
CAPISTRANO PAVEMENT MANAGEMENT SYSTEM PROGRAM
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Staff was authorized to submit the Measure M eligibility
package.
Written Communication:
Report dated June 16, 1992, from the City Clerk, advising
that the Ordinance was introduced at the meeting of June 2,
1992, and was scheduled for adoption.
Adoption of Ordinance:
The Deputy City Clerk 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
Hausdorfer, seconded by Councilman Friess, that the following
Ordinance be adopted:
(WITTENBERG-LIVTNGSTON) (PEPPERWOOD ESTATES) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 87-11, REZONING
ASSESSOR'S PARCEL NOS. 649-111-08 AND 121-020-04
FROM THE GM (GROWTH MANAGEMENT) DISTRICT TO THE ES
(SMALL ESTATE) DISTRICT
The motion carried by the following vote:
Mill=
6/16/92
AYES: Councilmen Friess, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSTAIN: Councilman Harris
ABSENT: None
2. ORDINANCE NO, 705 APPROVING REZONE 89-01 (SOUTH COAST
CHRISTIAN ASSEMBLY/COLE) (460.201 (ADOPTION)
Written Communication:
Report dated June 16, 1992, from the City Clerk, advising
that the Ordinance was introduced at the meeting of June 2,
1992, and was scheduled for adoption.
Adoption of Ordinance:
The Deputy City Clerk 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 Harris, that the following Ordinance
be adopted:
705,
reenn t
CHRISTIAN ASSEMBLY/COLE) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293
BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO.
650-151-12, 31501 AVENIDA IAS CERRITOS, FROM AG
(GENERAL AGRICULTURE) TO IP (PUBLIC AND
INSTITUTIONAL) (SOUTH COAST CHRISTIAN
ASSEMBLY/COLE)
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Harris,
Vasquez, and Mayor Jones
Councilman Hausdorfer
None
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COUNCILMANIC ITEMS
• {•. • • •�
a. San Joaquin Hills Transportation Corridor (800-50) -
Councilman Friess stated that the last environmental
document regarding the realignment of Ford Road in the
Cities of Newport Beach and Irvine was approved at the
most recent Corridor Agency meeting, including the
preservation of a group of buildings at the Buffalo
Ranch. Final approval by the federal government is
expected in one month.
b. League of California Cities (140.201
Councilman Hausdorfer noted that the following persons
were elected to the Orange County Transit Authority
Board of Directors at the League meeting last week:
Bill Mahoney, City of La Habra; Bob Wahlstrom, City of
Los Alamitos; and Iry Pickler, City of Anaheim. The
League will not meet during the summer months.
• 11. •) x ' s i-iik
Councilman Vasquez stated that the City should have accepted
the settlement previously offered by the complainant in the
lawsuit committee to Restore Integrity V. City to save the
City money in going to trial.
Councilman Friess stated that in these times, individuals can
impose their rights without accountability to the citizenry
and at great cost to the City. He stated it was a shame for
the City to have had to deal with this issue at all.
Councilman Friess noted a letter received from Union Bank
expressing concerns regarding skateboarding on commercial
property and stated that in some locations skateboarders
refuse to leave when asked by business owners.
It was a consensus of Council that the City respond to the
letter from Union Bank. The City Attorney was directed to
contact other cities to determine how they are handling the
problem and to consider a draft ordinance which would allow
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346
the Sheriff's Department to cite for skateboarding on private
property which has been posted prohibiting the activity.
3. EQUESTRIAN PATR
Councilman Hausdorfer requested that the City Manager contact
the Sheriff's Department to initiate patrol of the creekbeds
and equestrian trails occasionally, particularly in the
summer, because of heavy use, sanitation problems, and
improper use of the trails. He suggested that perhaps a
Reserve Officer could be used for this assignment.
Councilman Harris stated that a voluntary Park Ranger
Program, once implemented, could eventually assume the
responsibility of patrolling equestrian trails and creekbeds.
CLOSED BESSION - None
There being no further business before the Council, the meeting
was adjourned at 7:30 p.m. to Tuesday, June 23, 1992, at 7:00 p.m.
at the San Juan Hot Springs Dance Hall.
ATTEST:
S, MAYOR
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
Nil ,/... 2011_ i/ �rM
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