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91-0305_CC_Minutes_Regular MeetingMARCH 51 1991 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 Friess at 7:10 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Richard Gruen of the Capistrano Valley Church. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF_ PRESENT: Stephen B. Julian, City Manager; John R. Shaw, 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; Ronald C. Sievers, Director of Public Lands and Facilities; Al King, Director of Community Services; Tom Tomlin- son, Planning Manager; Nancy Bernardi, Recording Secretary. MINUTES The Minutes of the meetings of February 19, 1991, and February 25, 1991, will be submitted for approval on March 19, 1991, MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. RECOGNITION OF FORMER LOS RIOS REVIEW COMMITTEE MEMBER (MARGUERITE KENNEDY) (610.40) Written Communications: Report dated March 5, 1991, from the Council Services Manager, advising that Marguerite Kennedy had served on the Los Rios Review Committee for over 6 years. -1- 3/5/91 Presentation of Commendation: Mayor Friess presented Ms. Marguerite Kennedy with a plaque in recognition of her six-year term as a member of the Los Rios Review Committee. Findings for Consideration of Off -Agenda Item: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. PROCLAMATION DESIGNATING MARCH 16-24, 1991. AS "PRIDE IN AMERICA" WEEK (610.40) Approval of Proclamation: Mayor Friess read the Proclamation in full and it was moved by Councilman Jones, seconded by Councilman Hausdorfer, and unanimously carried to approve the Proclamation designating March 16-24, 1991 as Pride in America Week in recognition of the country's participation in the Persian Gulf War and encouraging national pride and patriotism within the community. The Proclamation will be sent to the President of the United States. LETTER OF APPRECIATION TO MARINES FOR JOB WELL DONE IN GULF CONFLICT (610.25) Councilman Jones submitted a letter for the Mayor's signature to Lt. General W. E. Boomer, Commanding General of the Marine Corps, indicating the City's appreciation for the service performed by the Marine Corps in the Persian Gulf War. There was a consensus of the Council to approve the letter for forwarding to Lt. General Boomer on behalf of the City Council and the community. The Director of Community Services announced that the Community Fair, which was postponed due to rain on March 2, is scheduled for Saturday, March 16, 1991, at Cook Park. All activities will remain as originally scheduled, with the exception of the 10K Run, which was held as planned on March 2. The Fair will also include Pride in America Week activities. -2- 3/5/91 ORAL COMMUNICATIONS 1. CITY-WIDE BLOOD DRIVE (140.70) David Swerdlin, 26172 Via de Toledo, presented a list of residents who donated blood during the Blood Drive held to support the war effort. Mayor Friess expressed appreciation to Mr. Swerdlin for his efforts. 2. NUISANCE ABATEMENT (450.70) Tom Erin, 32371 Alipaz Street, noted the weeds and unsafe condition of the abandoned swim facility on Alipaz Street. Staff was directed to investigate and provide a response to Council and Mr. Erin. PORNOGRAPHIC MATERIALS (585.30) The following persons addressed Council: Mrs. Skora, 31942 Paseo de Elena, expressed concern regarding the easy access by children to pornographic magazines at several establishments in the City and requested that the City take action to regulate their display. Staff was directed to investigate how other communities handle this problem and to report the findings back to Council and Mrs. Skora. Ann Cardoza, 26451 Calle Lucana, also cited concerns and submitted a list of establishments within the City that display pornographic magazines within easy reach of children. Staff was directed to respond to Ms. Cardoza. 4. CITY MANAGER CONTRACT/LOANS (600.30) Susan Becraft, 28181 Calle San Remo, was advised that a letter requesting an investigation of the matter had been forwarded to the District Attorney but an official response to the request had not yet been received. Kathy Holmes, 31851 Paseo La Branza, expressed appreciation to the community volunteers for their hard work during the 10K run on March 2 and encouraged more citizens to partici- pate in community events. Councilman Buchheim commended the hispanic group representing San Juan Elementary School for their participation in the IOK run. -3- 3/5/91 CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated February 21, 1991, in the total amount of $744,964.95, was approved as submitted. 2. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60) _The Report dated March 5, 1991, from the Senior Management Assistant, regarding actions taken at the meeting of February 26, 1991, was ordered received and filed. 3. REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930.40) The Report dated March 5, 1991, from the Director of Commun- ity Services, regarding actions taken at the meetings of January 28 and February 11, 1991, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated March 5, 1991, from the Director of Commun- ity Services, regarding actions taken at the meeting of February 19, 1991, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.201 .The Report dated March 5, 1991, from the Director of Engin- eering and Building, regarding actions taken at the meetings of January 23 and February 13, 1991, was ordered received and filed. 6. AWARD OF CONTRACT 1991 WEED ABATEMENT PROGRAM (600.30) As set forth in the Report dated March 5, 1991, from the Director of Public Lands and Facilities, the bid for the abatement of weeds and refuse, in accordance with Ordinance -4- 3/5/91 '1 6 No. 348, was accepted as complete and was awarded to Ed Stewart Custom Weed Abatement in the amount of $31,411.55. The program will commence in May and will be completed by July 1991. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 7. APPROVAL OF FINAL MAP AND RESOLUTION AMENDING CONDITIONS OF APPROVAL - NORTH TERMINUS OF VIA ESTELITA, PARCEL MAP 89-199 (HARTMAN) (420.701 As set forth in the Report dated March 5, 1991, from the Director of Engineering and Building, Final Map 89-199 for a two -lot subdivision at the northerly terminus of Via Estelita was approved, based on the finding that the Map is in conformance with all provisions of the subdivision requirements and the Subdivision Map Act. In addition, the following Resolution was adopted rescinding Condition No. 1 of Resolution No. 90-1-16-4 to enter into an Improvement Agreement for construction of a portion of the cul-de-sac of Via Estelita, since a previous subdivision supplied financial participation for that construction: ESOLUTION NO. 91-3-5-1. ELIMINATING CONDITION NO. 1 OF RESOLUTION NO. 90-1-16-4 - TENTATIVE PARCEL MAP 89-199 (HARTMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELIMINATING CONDITION NO. 1 OF RESOLUTION NO. 90-1-16-4 WHICH APPROVED TENTATIVE PARCEL MAP 89-199 (HARTMAN) The City Engineer and City Clerk were authorized to execute the Map for forwarding to the Orange County Recorder. 8. RESOLUTION APPOINTING CITY REPRESENTATIVES TO SERRA BOARD AND PRE-TREATMENT PROGRAM POSITIONS (1040.60) As set forth in the Report dated March 5, 1991, from the Director of Engineering and Building, the following Resolution was adopted appointing Councilman Buchheim and William Huber as the City's representative and alternate, respectively, to the SERRA Board and appointing William Huber as the staff representative for Pre -Treatment Program issues: RESOLUTION NO. 91-3-5-2. APPOINTING CITY REPRESENTATIVES TO SOUTH EAST REGIONAL RECLAMATION AUTHORITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPOINTING BOARD MEMBERS TO SERVE AT MEETINGS UNDER THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY CONTRACT AND THE CITY'S WASTE DISCHARGE PRE- TREATMENT PROGRAM STAFF REPRESENTATIVE -5- 3/5/91 070 The following items listed on the Consent Calendar were considered separately. RESOLUTION. NOTICE OF COMPLETION. AND FINAL REPORT - SAN JUAN HOT SPRINGS DANCE HALL ADDITION (MAC GROUP) (600.30) In response to Councilman Jones, the Director of Engineering and Building indicated that the Stop Notice in the amount of $2,465 would be retained by the City until the Notice to Withhold has been resolved between the State Labor Commissioner and Mac Group. As set forth in the Report dated March 5, 1991, from the Director of Engineering and Building, it was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted declaring the construction of the San Juan Hot Springs Dance Hall addition by Mac Group to be complete: RESOLUTION NO. 91-3-5-3. COMPLETION OF SAN JUAN HOT SPRINGS DANCE HALL ADDITION (MAC GROUP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAN JUAN HOT SPRINGS DANCE HALL ADDITION (MAC GROUP) The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None The Resolution accepted the work as complete in the amount of $32,495 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to retain $2,465 for the Stop Notice until the Notice to Withhold from the State Labor Commissioner has been resolved. Staff was authorized to release the balance of the retention in the amount of $795.97 thirty-five (35) days after recording the Notice of Completion. Mayor Friess abstained from voting on this item due to a conflict of interest. -6- 3/5/91 As set forth in the Report dated March 5, 1991, from the Director of Engineering and Building, it was moved by Councilman Hausdorfer and seconded by Councilman Buchheim and carried with Mayor Friess abstaining, that the Final Map for Tract 13532 (Marbella Villas) and Improvement Agreement be approved and the drainage easement accepted, based on the finding that the Map is in conformance with the Subdivision Map Act. The City Engineer and City Clerk were authorized to execute the Map, and the Mayor and the City Clerk were authorized to execute the Improvement Agreement for forwarding to the Orange County Recorder. PUBLIC HEARINGS 1. PROPOSED REZONE NO. 89-05, SPECIFIC DEVELOPMENT PLAN NO. 90-01, GROWTH MANAGEMENT PLAN NO. 89-01, RIDGELINE EXCEPTION NO. 90-01, AND ENVIRONMENTAL IMPACT REPORT NO. 90-02 (CONCORDE DEVELOPMENT) (CONTINUED) (460.20/410.50/440.50/420.30) -Proposal: This Hearing was continued from 1991, to consider the land us Environmental Impact Report for the northerly terminus of Camino of the extension of and ultimate Ramblas. Proiect Applicant: Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92715 rhe meeting of February 19, P applications, the Final rhe 99 -acre site located at Las Ramblas, and the issue configuration of Camino Las Property Owner Mr. Morris Misbin 33901 Calle Borrego San Juan Capistrano Written Communication: Report dated March 5, 1991, from the Director of Planning, summarizing the analyses and recommendation by the Traffic and Transportation Commission and the Planning Commission regarding the extension and ultimate configuration of Camino Las Ramblas, as measured by the road's benefit to the commun- ity and resultant environmental impacts. . The Commissions determined that the future extension of Camino Las Ramblas has a moderate significance to the community. Staff felt that a moderate benefit did not compensate for the significant unavoidable environmental impacts that would result from implementing the proposed project. Thomas Tomlinson, Planning Manager, made an oral presentation. -7- 3/5/91 Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons respon- ded in favor of the proposed project: (1) Dennis Nelson, Director of Planning for Concorde Development, submitted the following documents on behalf of the applicant: (a) Memo dated March 5, 1991, to the Council from Dennis Gage, President of Concorde Development, with a chronology of the public hearings and meetings held to date regarding the proposed project. The memo included a comparative analysis of grading between the proposed project and the Connemara and Marbella developments. (b) Letter dated March 5, 1991, to the Council from Mr. Nelson, setting forth a history of project entitlement efforts to date and listing adverse impacts and the infeasibility of mitigation requirements. The letter further cited reasons to approve a Statement of Overriding Considerations, and noted the project's compliance with the City's Land Use Element, the General Plan, and ridgeline grading. (c) Letter dated March 1, 1991, to Dick Bobertz, Interim Land Use Manager, from Mr. Nelson regard- ing unpaid development fees. Mr. Nelson discussed the following points on behalf of the applicant: (a) Directions given by the Council regarding density and grading within the 200 -foot buffer zone and the revisions made by the applicant since the October 1990 public hearing. (b) At the November 20, 1990, Council meeting the issue of Camino Las Ramblas was raised, but stated no further direction was given by the Council to modify the plans. (c) The Planning Commission and the Traffic and Transportation Commission both found the extension of Camino Las Ramblas to be of moderate benefit to the community. (d) with regard to the requirement for a Statement of Overriding Considerations, other projects such as -8- 3/5/91 0'73 Marbella and Connemara were not required to provide this document, despite having "unavoidable adverse impacts," because of the mitigation measures they provided. The proposed project impacts only 40% of the site, with no impacts on the ridgelines, and has a minimum lot size of 7,500 square feet. (e) Photographs depicting types of landscaping that would mitigate the aesthetic impacts of landform alteration were displayed. (f) Benefits derived from the project for the commun- ity include school district fees, park fees, a large water line, property and sales tax revenues, a fire break along Camino Las Ramblas, partial access to the future open space park, link to the future regional transportation system, and a secondary access road for the area in the event of a natural disaster. (g) No development could be proposed that would miti- gate all of the impacts mentioned in the EIR. (h) Arbitrary standards were imposed on this project that were not imposed on other projects in the City. (i) A inter -office memo dated November 13, 1990, from the City Engineer was submitted which questioned the traffic studies used for the basis of the analysis summary. (2) Rod Robbins, 29661 Monarch Drive, spoke in favor of the project, particularly with regard to the protection of ridgelines and the 7,500 -square -foot pad minimum. (3) Tom Breen, 28041 Paseo Aldanza, felt that the proposed project would benefit the community with its low density, park and school district fees, tax revenues, and protection of ridgelines. ,The following persons spoke in opposition to the project: (4) Charles Schwab, 33741 Shannon Lane, representing the board of directors for the Connemara development, felt that the project as proposed would have significant adverse environmental impacts and that the minor extension of Camino Las Ramblas by the applicant and tax revenues do not justify the impacts created by the project. -9- 3/5/91 (5) Ken Coombs, 27662 Dongarvin Lane, requested clarifi- cation on the apparent differences of opinion among City staff members. Mayor Friess noted that disagreements among staff do not represent the ultimate consensus. (6) Dave Dolin, 33761 Limerick Lane, agreed with Mr. Schwab's statements and asked that water conservation be addressed in relation to grading for the project. Mayor Friess advised that only non -potable water would be used for grading. (7) Joan Scarantino, 27441 Ortega Highway, questioned the recommendation that the extension of Camino las Ramblas would have little significance. Mayor Friess stated that was the staff recommendation; the commissions took a higher view. Mr. Nelson's reiterated that the applicant had changed to a custom lot project, as requested in meetings with adjacent homeowners, cited mitigation of concerns listed in the EIR, and the applicant's cost of extending Camino Las Ramblas. Gregory Sanders, attorney for the applicant, stated that the applicant was in substantial compliance with the City's regulations and noted the importance of Camino Las Ramblas which is listed on the County's Master Plan of Arterial Highways. He stated that no evidence was offered by staff to back the findings in the proposed Resolution to deny the project. There being no further input, the hearing was closed with the right to reopen at any time. Council Discussion: Councilman Buchheim felt that the applicant did not suffi- ciently reduce the density of the project, as requested by the Council at its October 16, 1990, meeting. In addition, when the extension of Camino Las Ramblas is warranted, the dirt required to complete the road can be accomplished on- site. Councilman Jones stated that no significant revisions were made by the applicant since the Planning Commission's denial in September 1990, even though the applicant was given direction throughout the entire planning process. In addition, with improvements being made to reduce impacts on disposal sites, the life of the Prima Desheca site may be extended, postponing the opening of the park for many more years. The extension of Camino Las Ramblas would encourage more development into the last open space area in the City. -10- 3/5/91 0751 Councilman Vasquez stated he was in favor of custom lot sales and proposed that grading not be allowed higher than 100 feet elevation above the existing Camino Las Ramblas and that the development be concentrated toward the rear of the site. He felt that the Council's decision should not be based upon the financial feasibility of the project. He further stated that the extension of Camino Las Ramblas was of some benefit and he would like to have something worked out to allow some development to occur on the property. Councilman Hausdorfer noted the extreme difficulty in developing the site without some environmental impacts. He noted that the extension of Camino Las Ramblas may prove to be an important circulation link in the future and he could support the project due to the extension of Camino Las Ramblas and because it was less than one unit per acre and conformed to ridgeline guidelines and the General Plan. Motion to Approve Project: It was moved by Councilman Hausdorfer that the project be approved. The motion died for lack of a second. Mayor Friess stated that future circulation should be considered now with the extension of Camino Las Ramblas and stressed that the main issues with the project are aesthetics and landform alteration. Aesthetic impacts would be reduced if the lots were moved to the rear of the property, but there would be significant intrusion into the ridgelines. If the project were denied, the Council would have to determine if any development should be allowed on that site and give direction for that development. Councilmen Hausdorfer and Jones stated that direction had been given to reduce density, grading and to incorporate Camino Las Ramblas. Dennis Gage, President of Concorde Development, suggested that a revised plan be brought back before the Council within 30 days reflecting the Council's comments to reduce density and move lots toward the rear of the site. Councilman Vasquez suggested the elimination of the 22 most westerly lots across from the Connemara development due to steepness of the terrain and to protect the ridgelines, with development to occur in the canyon with the extension of Camino Las Ramblas. Mr. Tomlinson indicated that a revised plan would require going through the planning process again, with a possible abbreviated EIR document since much of the environmental impact studies have already been completed. -11- 3/5/91 Certification of EIR and Denial of Pro]ect: It was moved by Councilman Buchheim, seconded by Councilman Jones, that the following Resolution be adopted certifying the EIR and denying the Rezone, Specific Development Plan, Growth Management, and Ridgeline Exception applications: RESOLUTION NO 91-3-5-4 CERTIFYING ENVIRONMENTAL IMPACT REPORT 90-2 AND DENYING REZONE 89-05, SPECIFIC DEVELOPMENT PLAN 90-01 GROWTH MANAGEMENT 89-01 RIDGELINE EXCEPTION 90-1 (SAN JUAN VILLAS - CONCORDE DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 90-02 AND DENYING REZONE 89-05, SPECIFIC DEVELOPMENT PLAN 90-01, GROWTH MANAGEMENT 89-01, AND RIDGELINE EXCEPTION 90-01 (SAN JUAN VILLAS - CONCORDE DEVELOPMENT) The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, and Vasquez NOES: Councilman Hausdorfer and Mayor Friess ABSENT: None Mayor Friess clarified that his opposition was due to the fact that the issue of how to go forward in the process was not addressed. Direction to Applicant: Councilman Hausdorfer suggested that the applicant consider the comments made by Councilman Vasquez regarding grading and density and requested that Camino Las Ramblas be kept on the County's Master Plan of Arterial Highways. Councilman Jones felt that development should be concentrated on the flat areas of the site and that the prominent knolls would continue to be an issue. Confirmation to Retain Camino Las Ramblas: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that Camino Las Ramblas remain on the County's Master Plan of Arterial Highways and that the ultimate extension of the roadway be incorporated into consideration of any future projects in that area. RECESS AND RECONVENE Council recessed at 9:45 p.m. and reconvened at 9:50 p.m. -12- 3/5/91 07711 PUBLIC HEARINGS (CONTINUED) 2. AMENDMENT TO SECTION 9-3.611 OF TITLE 9 OF THE MUNICIPAL CODE - HOME OCCUPATIONS (420.30) Written Communications: Report dated March 5, 1991, from the Director of Planning, recommending that the item be continued to assure that all necessary legal requirements for noticing have been met. Continuation of Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the public hearing be continued to the meeting of April 2, 1991. RECESS AND RECONVENE Council recessed at 9:51 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:10 p.m. CITY MANAGER 1. CONSIDERATION OF 1990-91 REVISED BUDGET (330.20) Written Communication: Report dated March 5, 1991, from the Assistant City Manager, forwarding a review of the mid -year budget situation, including the Capital Improvement Program, and the efforts already undertaken by City departments to reduce expenses. Additional suggestions were offered to help offset a revised revenue shortfall of $852,430. Mr. Julian made an oral presentation. Councilman Vasquez suggested that auto allowances be compen- sated on a per -mile reimbursement rate rather than by monthly allotment, and that unpaid rental payments totaling approxi- mately $100,000 for the past year be collected from the Center for Decorative Arts and the San Juan Institute. Councilman Hausdorfer suggested that Councilman Vasquez meet with the principals of both institutes to discuss the non- payment issue. Mr. Julian noted that modifying reimbursement of auto allowances is a negotiated benefit and must be handled as a meet -and -confer item. Mayor Friess noted that measures already instituted by City employees have resulted in a savings of approximately $76,000. -13- 3/5/91 Approval of Revised Budget: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted approv- ing revisions to the 1990-91 City Budget and expenditures of $24,413,620: RESOLUTION NO 91-3-5-5 AMENDING FISCAL BUDGET FOR FISCAL YEAR 1990-1991 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE AUTHORIZED EXPENDITURES AND APPROPRIATIONS RELATED THERETO The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None 2. PURCHASE AGREEMENT - KINOSHITA PROPERTY (670.20) Written Communication: Report dated March 5, 1991, from the City Manager, recommending that a joint meeting be held on March 6th to conclude the City's purchase of approximately 46 acres known as the Kinoshita Farms from the Community Redevelopment Agency. The Agency was scheduled to approve the purchase of the property from the Kinoshita family at their meeting of March 5, 1991. Setting of Joint Meeting with CRA: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the meeting be adjourned to Wednesday, March 6, 1991, at 7:00 p.m. in the La Sala of the Library to hold a joint meeting between the City Council and the Community Redevelopment Agency to consider the sale of Community Redevelopment Property to the City. DIRECTOR OF PLANNING SERVICES APPEAL OF DESIGN REVIEW COMMISSION ACTION OF DECEMBER 19 1990 - SIGN PROGRAM ARCHITECTURAL CONTROL 88-9', 31888 PASEO MERCADO DE CAPISTRANO (PAYLESS SHOESOURCE) (CONTINUED) (410.60) This item was continued from the meeting of February 19, 1991. -14- 3/5/91 079 Written Communication: Report dated March 5, 1991, from the Director of Planning, recommending that the Design Review Commission's action to deny the use of Payless ShoeSource's trademark colors of yellow and orange for their tenant sign in the Paseo Capistrano Retail Center be affirmed. The report noted that the proposed colors are neither consistent with the architectural concept and sign program for Paseo Capistrano Center nor with the colors used in the other centers of Area A. Wendie Schulenburg, Associate Planner, made an oral and slide presentation. Samples of the applicant's proposed colors for the sign and a materials color board were on display. She emphasized that approval of the applicant's colors would set a precedent and might draw too much visual attention to the sign in the center. Robert Dolley, property owner of the center, voiced his approval of the applicant's proposed sign colors. Jim Roman representing Payless Shoe Source emphasized the importance of uniformity of signage throughout the chain for the company identification. The applicant agreed to mute the colors as much as possible to be compatible with the center. Jim Clark of Grubb & Ellis, representing the applicant, stated that it was the company's policy that the trademark colors be used for their sign. Affirmation of Design Review Commission Denial: It was moved by Councilman Jones, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 91-3-5-6 UPHOLDING DESIGN REVIEW COMMISSION DENIAL OF MODIFICATION TO SIGN PROGRAM - ARCHITECTURAL CONTROL 88-9 (VOLUME SHOE CORPORATION/PAYLESS SHOE SOURCE)) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE DESIGN REVIEW COMMISSION DENIAL OF THE MODIFICATION TO THE APPROVED SIGN PROGRAM FOR ARCHITECTURAL CONTROL 88-09 (PASEO CAPISTRANO CENTER - VOLUME SHOE CORPORATION/PAYLESS SHOE SOURCE) -15- 3/5/91 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None DIRECTOR OF COMMUNITY SERVICES 1. OPEN SPACE UPDATE (530.40) Written Communication: Report dated March 5, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Bond Act Measure D, including data collection process, pending surveys and studies, public involvement activities, and improvements to process. Mr. King made an oral presentation and noted the meeting to be held on March 14, 1991, at 7:00 p.m. in the Council Chamber, with final presentation to the Commissions and City Council by late summer 1991. Councilman Vasquez suggested that citizens be encouraged to provide input regarding the open spaces areas purchased by the City via a City-wide survey and there was a consensus of Council that a questionnaire be placed in the Capistrano Valley News. Councilman Hausdorfer emphasized the need to balance open space with development of recreational uses and stated that night lighting in some City parks would be inappropriate. With the consensus of Council, Mayor Friess ordered the Report received and filed. COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE LAS RIOS.REVIEW COMMITTEE (110.20j, Written Communication: _ Report dated March 5, 1991, from the Council Services Manager, noting that the vacancy had been advertised and one application was received. Authorization to Readvertise: It was moved by Councilman Vasquez, seconded by Councilman Hausdorfer, and unanimously carried that the position be -16- 3/5/91 2. 1• readvertised and the appointment rescheduled for the meeting of April 2, 1991. Written Communication: Report dated March 5, 1991, from the Council Services Manager, noting that the vacancies had been advertised since the meeting of February 5, 1991, and applications had been received. Appointment of Members: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that David Swerdlin be appointed as the at -large member to the Mobile Home Park Review Committee. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that Joan Scarantino be appointed as the alternate at -large member to the Mobile Home Park Review Committee. STANDARDS FOR ONGOING COMMISSION ACTIVITIES (110.10) Mayor Friess requested that this item be carried over to the meeting of March 19, 1991. COUNCIL COMMENTS 1. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (800.50) Mayor Friess stated his desire to attend the San Clemente City Council public hearing on this item scheduled for March 6, 1991, noting he would request their support of Alternative No. 2. With the exception of Councilman Vasquez, who cited opposition to support of the Corridor, there was a consensus of the Council that Mayor Friess attend the San Clemente public hearing to request that the City of San Clemente support Alternative No. 2 should the Transportation Corridor Agency Board approve the EIR. Councilman Vasquez indicated that he would attend the meeting as well. CLOSED SESSION Council recessed to a Closed Session of pending litigation per Government City Clerk being excused therefrom, March 6, 1991. -17- at 10:59 P.M. for discussion Code Section 64966.9(a), the and reconvened at 12:25 a.m., 3/5/91 AWOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 a.m., Wednesday, March 6, 1991, to the next meeting date of Wednesday, March 6, 1991, at 7:00 p.m. in the La Sala at the City Library to conclude the purchase transactions associated with the Kinoshita property. ATTEST: KENNETH E. FRIESS, MA OR Respectfully submitted, -18- 3/5/91