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90-0717_CC_Minutes_Regular MeetingJULY 17, 1990 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 Hausdorfer at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen of St. Margaret of Scotland Episcopal Church. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Councilman Anthony L. Bland, Councilman ABSENT: Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager/Acting City Clerk; David Bentz, Director of Administrative Services; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Deputy City Clerk; Nancy Bernardi, Recording Secretary. MINUTES It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of June 19, Adjourned Regular Meeting of June 26, and Regular Meeting of July 3, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that all Ordinances be read by title only. -1- 7/17/90 1 "ONS AND COMMENDATIONS 1. PREc;ENTATION OF COMMUNITY SERVICES AWARD - VICKEE DONOHO (610.40) Mayor Hausdorfer presented Vickee Donoho with a Community Services Award for her four years of service as President of the San Juan Capistrano Little League and her dedication and commitment to the youth of San Juan Capistrano. SAN JUAN CAPISTRANO ANGELS (595.60) Mayor Hausdorfer noted an article which appeared in the July 17, 1990, issue of The Los Angeles Times regarding the San Juan Capistrano Angels participation in this year's Senior Softball World Series and wished them luck on behalf of the City. ORAL COMMUNICATIONS 1. EMPLOYEE COMMENDATION (730.901 Dave Swerdlin of Mission Photography expressed his apprecia- tion to Jeffrey Parker, Assistant to the City Manager, for Mr. Parker's assistance in having repairs completed for the downtown merchants. CONSENT CALENDAR It was moved by Councilman Bland, 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 Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated July 12, 1990, in the total amount of $1,496,514.74, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of June 30, 1990, in the total amount of $21,315,378.00 was approved as submitted. -2- 7/17/90 3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated July 17, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of July 3, 1990, was ordered received and filed. 4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated July 17, 1990, from the Senior Management Assistant, regarding actions taken at the meeting of June 27, 1990, was ordered received and filed. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated July 17, 1990, from the Director of Community Planning and Development, regarding actions taken at the meeting of June 28, 1990, was ordered received and filed. 6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated July 17, 1990, from the City Engineer, regarding actions taken at the meetings of June 13 and 27, 1990, was ordered received and filed. APPROVAL OF FINAL MAP AND IMPROVEMENT AGREEMENT - PARCEL MAP 88-227/ ARCHITECTURAL CONTROL 88-06 (SPAULDING) (600.30/420.70/410.60) As set forth in the Report dated July 17, 1990, from the City Engineer, Final Map 88-227 and the Improvement Agreement were approved for Mr. G. Richard Spaulding to subdivide a 5.56 - acre site into seven parcels, based on the finding that the Map and Agreement are in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution No. 88-11-1-4. The Mayor and City Clerk were authorized to sign the Improvement Agreement on behalf of the City. The City Engineer and City Clerk were authorized to execute the Map, and the City Clerk was requested to record said Map, and Agreement. DESIGNATION OF ORANGE COUNTY HEALTH CARE AGENCY AS LOCAL ENFORCEMENT AGENCY (560.80) As set forth in the Report dated July 17, 1990, from the Assistant City Manager, the following Resolution was adopted supporting the designation of the Orange County Health Care -3- 7/17/90 Agency as the Local Enforcement Agency to carry out the provisions of the Z'Berg-Kapiloff Solid Waste Control Act of 1976, as requested by the Orange County Division of the League of California Cities: RESOLUTION NO. 90-7-17-1, SUPPORTING DESIGNATION OF COUNTY HEALTH CARE AGENCY AS LOCAL ENFORCEMENT AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO SUPPORT DESIGNATION OF THE COUNTY HEALTH CARE AGENCY AS THE ORANGE COUNTY LOCAL ENFORCEMENT AGENCY AS REQUIRED BY THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF 1976 PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION. DENYING REQUEST FOR DEMOLITION OF TWO HISTORIC STRUCTURES - SITE PLAN REVIEW 89-24 (CHORAK) (410.50) Proposal: Consideration of an appeal of a Planning Commission denial for a demolition permit for two historic structures located at 31720 and 31742 Los Rios Street in the Los Rios District, also known as the "Frank Velasquez House" and the "Ygnacio Soto House." The basis for the appeal is the Los Rios area being downgraded by proposed new housing within the Little Hollywood area, new circulation proposals for the area, and the existing Solag operation. Applicant/Appellant/Property Owner: Mr. David Chorak 31720 Los Rios Street San Juan Capistrano, CA 92675 Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, recommending that the Planning Commission's denial be upheld, based on the belief that Mr. Chorak's grounds for appeal are not related to the legal requirements for demolition of unsafe structures in the Los Rios Precise Plan area. Lynn Dosheery, Land Use Manager, made an oral presentation, noting the recommendations for denial by the Planning Commission, the Los Rios Review Committee, and the Cultural Arts and Heritage Commission. -4- 7/17/90 165 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following person respon- ded: (1) David Chorak, applicant, felt that the quality of the Los Rios area was being downgraded due to potential impacts from the proposed construction of low-cost housing in the area and that the historical importance of the area is no longer valid. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: The Council noted that the City is working to enhance and improve the Los Rios area with compatible low-cost housing without high density, which project has received extensive review and funding. Reaffirming Planning Commission Denial: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted reaffirming the Planning Commission's denial of the demolition permit for SPR 89-24: RESOLUTION NO. 90-7-17-2, REAFFIRMING PLANNING COMMISSION DENIAL OF DEMOLITION PERMIT - LOS RIOS DISTRICT. SITE PLAN REVIEW 89-24 (CHORAK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE PLANNING COMMISSION'S DENIAL OF A DEMOLITION PERMIT REQUEST FOR TWO HISTORIC STRUCTURES IN THE LOS RIOS DISTRICT, SITE PLAN REVIEW 89-24 (CHORAK) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze 2. PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE LOS RIOS PRECISE PLAN (440.25) Proposal: Consideration of an amendment to the Los Rios Precise Plan circulation element to bring the Plan into consistency with the July 1987, Los Rios Precise Plan Land Use Amendment. -5- 7/17/90 [m] Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, forwarding two alternatives for consideration and recommending Alternate A, which does not extend Paseo Adelanto through to Avenida de la Vista, stopping at Ramos Street. The Report noted the Los Rios Review Committee's preference for Alternate A and the Traffic and Transportation's preference for Alternate B, which would extend Paseo Adelanto to Avenida de la Vista. Exhibits were on display, and Thomas Tomlinson, City Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Approval of Negative Declaration/Alternate "A": It was moved by Councilman Bland, seconded by Councilman Buchheim, that: (1) the Negative Declaration issued by the Environmental Review Board be approved based on the findings of the Initial Study that there is no substantial evidence that the project will have a significant effect on the environment; and (2) the following Resolution be adopted approving Alternate A: RESOLUTION NO. 90-7-17-3, APPROVING LOS RIOS PRECISE PLAN CIRCULATION ELEMENT AMENDMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING "ALTERNATE A" AS AN AMENDMENT TO THE LOS RIOS PRECISE PLAN CIRCULATION ELEMENT The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze It was the consensus of Council that staff work with Messrs. Ito and Jones regarding coordination of Alternate A and the recommendation for a gate on River Street to allow the two 7/17/90 16"7 property owners to control access to Los Rios Street. Additionally, Mayor Hausdorfer requested that Mr. Parker monitor the situation and report back to the Council. 3. PROPOSED SUBDIVISION OF 9.093 ACRES INTO THREE RESIDENTIAL LOTS - TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) (420.70) Proposal- Consideration of a request to subdivide a 9.093 -acre site located at 31431 Paseo Christina in the Large Estate District into three residential parcels. Applicant/Property owner: Dr. Stanley Stanbridge 31431 Paseo Christina San Juan Capistrano, CA 92675 Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, reviewing the issues raised by the Planning Commission regarding potential hillside grading impacts, proposed building pad sizes, and completion of improvements to San Juan Creek Road. Staff forwarded a recommendation of approval. Lynn Dosheery, Land Use Manager, made an oral presentation and reviewed the Planning Commission's three key issues, noting that the issue dealing with the applicant's completion of improvements to San Juan Creek Road was not brought up during Planning Commission review. Ms. Dosheery noted that the applicant was made aware of this requirement during discussions with staff and that the improvements must be completed prior to issuance of building permits. Mr. Stanbridge's costs are estimated to be $12,000 to $15,000, in addition to the value of his dedicated land. Public Hearina: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons respon- ded: (1) Dr. Stanley Stanbridge, applicant, stated that the issue of his contribution to the cost of improvements to San Juan Creek Road was brought to his attention several days after the Planning Commission reviewed his request. He felt that the cost was excessive and noted his dedication of 3/4 acre of land for the right-of-way and improvements to the property. Dr. Stanbridge also felt that others should participate in the improvements, such as the Equestrian Center. Due to the fact that he had not been made aware of the cost for improvements until -7- 7/17/90 after Planning Commission review, Dr. Stanbridge was given the option to continue this item until he had a chance to study the requirement, and he chose to receive the Council's decision at this meeting. (2) Craig Allen of White Real Estate, representing Dr. Stanbridge, noted the value of the dedicated land. He stated that since Mr. Diffley would not be required to participate in the road improvements because of his dedication of land, that Dr. Stanbridge should not be required to participate. Continuation of Hearing: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the hearing be continued to the meeting of August 7, 1990, so as to allow Dr. Stanbridge to communicate with staff regarding the participation requirement and the agreement between Mr. Diffley and the City. 4. PROPOSED REZONE AND CONDITIONAL USE PERMIT TO ALLOW HEALTH CLUB AND PERMIT JOINT PARKING USE AT PROPERTY LOCATED AT THE WEST END OF CALLE ARROYO (SELIGMAN/CAPISTRANO BUSINESS CENTER) (460.20/460.70) Proposal: Consideration of a request for a rezone to allow a health club facility (Family Fitness Center) as a principal permit- ted use within the Ortega Planned Community, Comprehensive Development Plan Area 78-1, Planning Sector B-1, located at 27131 Calle Arroyo. The Planning Commission approved a Conditional Use Permit allowing parking spaces to be shared between the health club and adjacent office uses, subject to Council approval of the rezone. Applicant: Capistrano Enterprises 5100 East La Palma, #202 Anaheim, CA 92806 Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, recommending that the rezone be granted as a conditional use rather than as a principal use so that the City could better regulate and monitor the use to ensure compatibility with surrounding land uses and activities. The report set forth the shared parking requirement and noted that the Fitness Center would be allowed building -mounted signs on the front and rear up to 24 square feet aggregate, with no individual sign exceeding 18 square feet. -8- 7/17/90 Exhibits were on display, and Patricia Wilcox -Holloway, consultant project manager, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following person respon- ded: (1) Dr. Fred Seligman, the applicant's representative, spoke in favor of the rezone. There being no further response, the hearing was declared closed with the right to reopen at any time. Approval of Negative Declaration/Rezone 90-1: The City Attorney 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 Buchheim, seconded by Councilman Bland, that: (1) the Negative Declaration be approved based on the findings of the Initial Study that there is no substan- tial evidence that the project will have a significant effect on the environment; and (2) the following Ordinance be introduced approving Rezone 90-01 to allow health clubs as a conditional use in the Ortega Planned Community, subject to the CDP 78-1 text changes: ORDINANCE. APPROVING REZONE 90-1 (CAPISTRANO BUSINESS CENTER/SELIGMAN) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 90-1 TO ESTABLISH HEALTH CLUBS AS A CONDITIONAL USE IN THE ORTEGA PLANNED COMMUNITY, COMPREHENSIVE DEVELOPMENT PLAN 78-1, PLANNING SECTOR B-1 The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze -9- 7/17/90 5. AUTHORIZATION TO ASSESS CHARGES - CITY LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485, 7673, AND 9373/7654) (345.20) 6. CONFIRMING ASSESSMENTS AND PROVIDING FOR THE LEVYING OF THE ANNUAL ASSESSMENTS IN LANDSCAPE MAINTENANCE DISTRICT NO. 1 (CAPISTRANO ROYALE) (345.20) These two public hearings, advertised separately, were considered as one item. Proposal• Consideration of proposed annual assessments for landscape maintenance districts within Tracts 9284 (Seaview), 9382 (Belford Terrace), 8485 (Mission Springs), 7673 (Mission Woods), 9373/7654 (Los Corrales), and Capistrano Royale for 1990-91. The property owners would be assessed through property taxes, and the City would collect an administrative fee for all work performed in-house. Written Communication: Report dated July 17, 1990, from the Superintendent of Public Works, forwarding the proposed list of assessments for each district. Ronald Sievers, Superintendent of Public Works, made an oral presentation. Public Hearings: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following person responded: (1) Warren Vedrine, 28111 Camino La Ronda (Los Corrales), inquired as to the purpose for the assessment in that his property is not in close proximity to the park. Mayor Hausdorfer noted that the park was developed as a part of the Los Corrales tract and requested that Mr. Sievers provide Mr. Vedrine with a breakdown for the assessment in writing. There being no further response, the hearing was declared closed with the right to reopen at any time. Approval of Budgets/Confirming Cost Report: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that: (1) the budgets be approved for the following landscape maintenance districts: -10- 7/17/90 171 $650 per home - Tract 9284 (Seaview) $197 per home - Tract 7673 (Mission Woods) $107 per home - Tract 9373/7654 (Los Corrales) $218 per home - Tract 8485 (Mission Springs) $444 per home - Tract 9382 (Belford Terrace) $1,279 per home - Capistrano Royale; (2) and that the following Resolution be adopted confirming these costs and authorizing the Orange County Assessor's Office to include the charges on the Property Tax Roll: RESOLUTION NO. 90-7-17-4. CONFIRMING COST REPORT 1990 LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284. 9382. 8485. 7673. 9373/7654. AND LANDSCAPE MAINTENANCE DISTRICT NO. 1) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1990 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 9373/7654, AND LANDSCAPE MAINTENANCE DISTRICT NO. 1) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze RECESS AND RECONVENE Council recessed at 8:05 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:12 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REPORT ON REORGANIZATION (700.20/100.30) Written Communication: Report dated July 17, 1990, from the Assistant City Manager, forwarding recommendations for the reorganization of City personnel and services pursuant to the passage of the Open Space Bond Issue in April 1990. The key issues addressed include public land and facilities, development review and inspection, planning, community services, and organizational dynamics. Changes in personnel include the appointments of -11- 7/17/90 172 Cheryl Johnson to City Clerk and Ronald Sievers to Director of the newly formed Department of Public Lands and Facili- ties. Mr. Julian gave an oral presentation, reviewing the proposed changes in organization and noting that the City is becoming more of a maintenance -type organization instead of a develop- ment organization because of its near-total buildout. He suggested that the name for the newly formed Public Facili- ties Services Department be changed on the proposed Resolu- tion to Department of Public Lands and Facilities. Also noted was an increase in the City's code enforcement activi- ties. With regard to Community Services, an emphasis will be made in integrating the City's immigrant population into civic activities and programs. Creation and Appointment of Positions: It was moved by Councilman Bland, seconded by Councilman Buchheim, that: (1) the following Resolution be adopted creating the position of the Director of Public Lands and Facilities: RESOLUTION NO 90-7-17-5 AMENDING CLASSIFICATION AND COMPENSATION PLAN - CREATING DIRECTOR OF DEPARTMENT OF PUBLIC LANDS AND FACILITIES POSITION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 89-11-7-4, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (2) the creation of the Director of Department of Building and Engineering be authorized; and (3) Cheryl Johnson be appointed to the position of City Clerk. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze -12- 7/17/90 173 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - THREE-YEAR PARTICIPATION AGREEMENT (COUNTY OF ORANGE) (600.50) Written Communication: Report dated July 17, 1990, ing that the City enter Agreement with the County of Community Development Block the purpose of undertaking development activities. from the City Manager, recommend - into a three-year Cooperative Orange for participation in the Grant Program through 1993 for essential housing and community Adoption of Resolution Approving Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 90-7-17-6. APPROVING THREE-YEAR COOPERATION AGREEMENT - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE (THREE-YEAR COOPERATION AGREEMENT, FISCAL YEARS 1991, 1992, AND 1993) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze 3. AGREEMENT FOR ENGINEERING AND PUBLIC WORKS CONSULTING SERVICES (WILLIAM D. MURPHY) (600.30) Written Communication: Report dated July 17, 1990, from the Assistant City Manager, forwarding an agreement between the City and William Murphy to continue his services in assisting as a consultant on key projects, including the Stonehill extension, SERRA, and the Transportation Corridors. Authorization of Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Consulting Services be authorized between the City and William D. Murphy for the period ending March 31, 1991, at an hourly rate of $82.50. -13- 7/17/90 4. Written Communication: Report dated July 17, 1990, from the Assistant City Manager, forwarding an agreement between the City and Thomas Merrell to provide consultant services for a period of one year upon his retirement, to commence October 1, 1990, or one week after a new Director of Planning assumes his/her duties. Mayor Hausdorfer commended Mr. Merrell for his outstanding service to the City. Authorization of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that the Agreement for Consulting Services be authorized between the City and Thomas Merrell for a one-year period commencing one week after a new Director of Planning assumes his/her duties, at an hourly rate of $80.00. AUTHORIZATION OF POSITION RECLASSIFICATION - SECRETARY I, COMMUNITY DEVELOPMENT DIVISION (700.20) Written Communication: Report dated July 17, 1990, from the Assistant City Manager, recommending that the Community Development Secretary I position be reclassified to Secretary II. This position was recently assigned the task of taking minutes at the Economic Development Commission and Housing Corporation and the Downtown Merchants Association meetings, which requires shorthand skill. Approval of Reclassification: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the position of Secretary I in the Community Development Division of the City Manager's Office be reclassified to that of Secretary II effective July 1, 1990. Additional funds in the amount of $512 were authorized to implement the change. DIRECTOR OF ADMINISTRATIVE SERVICES ACCEPTANCE OF 1988-89 AUDIT AND FINANCIAL REPORT (310.30) Written Communication: Report dated July 17, 1990, from the Director of Administra- tive Services, forwarding the Audit and Financial Report for the fiscal period ending June 30, 1989, prepared by Moreland and Associates, the Agency's independent auditors. -14- 7/17/90 175 Acceptance of Report: It was moved by Director Bland, seconded by Director Buchheim, and unanimously carried that the 1988-89 Audit and Financial Report be accepted. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, advising that no project applica- tions were received by the City since the last report of June 19, 1990. Noted were several preliminary application meetings which were recently held. The report was received and filed. APPEAL OF PLANNING COMMISSION ACTION - ARCHITECTURAL CONTROL 88-9 SIGN PROGRAM (DOLLEY) (410.60/410.40) Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, regarding an appeal of the sign program for AC 88-9, Phase II of Plaza Del Obispo. The appeal is based on the Planning Commission's condition that the mayor tenant signs, Payless and Miller's Outpost, be illuminated by a backlit light source instead of the appli- cant's proposed internal neon tube illumination. Wendie Schulenburg, Assistant Planner, made an oral presenta- tion, noting that Municipal Code sign regulations (Municipal Code Section 9-3.603) provide for a discretionary review using guidelines as general parameters and that consistency with the Design Element of the General Plan is also a consideration; that the Planning Commission decision to deny this sign was based on their finding that the sign was obtrusive, and not in keeping with the General Plan direction of signage that promotes a village -like atmosphere. Robert Dolley, applicant, felt that the proposed signs should be consistent with those approved for the Stroscher property and stated that the recommended backlit signage is difficult to view from an angle. He added he is having difficulty in obtaining tenants for his center and is over budget. Lisa Foss, sign contractor for Payless Drugs, stated the company's preference for maintaining continuity for their signage throughout Southern California. She offered an alternative lighting source using reverse channel lettering -15- 7/17/90 • with a low transformer which would reduce the brilliance, noting that a dimmer could also be added. Ms. Schulenburg explained that the intent for this center is to confine the signage within the center, which would be viewed from the main entry. Council Discussion: It was moved by Councilman Buchheim that the applicant's appeal be granted. The motion died due to a lack of a second. Councilman Bland stated that although signage is important to make businesses known in high-density commercial areas in other cities, that situation does not exist in San Juan Capistrano. He felt that the center's two phases need not be viewed as one development. Reaffirming Planning Commission Decision: It was moved by Councilman Bland, seconded by Mayor Hausdorfer, that the following Resolution be adopted reaf- firming the Planning Commission's decision to require backlit illumination for the Payless Drugs and Miller's Outpost signs: RESOLUTION NO. 90-7-17-7. REAFFIRMING PLANNING COMMISSION ACTION - SIGN PROGRAM (DOLLEY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE PLANNING COMMISSION'S ACTION ON MAY 22, 1990, REGARDING CONDITION NOS. 7b, 7c, AND 8c OF PLANNING COMMISSION RESOLUTION 90-5-22-3 (DOLLEY) The motion carried by the following vote: AYES: Councilman Bland and Mayor Hausdorfer NOES: Councilman Buchheim ABSENT: Councilmen Friess and Schwartze 3. APPEAL OF PLANNING COMMISSION ACTION - ARCHITECTURAL CONTROL 88-8 SIGN PROGRAM (JOHNSON/ YU) (410.60/410.40) �. Written Communication: Report dated July 17, 1990, from the Director of Community Planning and Development, regarding an appeal of the sign program for AC 88-8, Phase II of Plaza Del Obispo. The appeal is based on the Planning Commission's condition that the large tenant signs be limited in size and illuminated by -16- 7/17/90 177 a backlit light source instead of the applicant's proposed internal neon tube illumination. Wendie Schulenburg, Assistant Planner, made an oral presenta- tion, noting that Municipal Code sign regulations (Municipal Code Section 9-3.603) provide for a discretionary review using guidelines as general parameters and that consistency with the Design Element of the General Plan is also a consideration; that the Planning Commission decision to deny this sign was based on their finding that the sign was obtrusive, and not in keeping with the General Plan direction of signage that promotes a village -like atmosphere. Pam Duley of Grubb & Ellis Commercial Real Estate, explained the importance of the public being able to easily view signage from the freeway for this particular type of tenant, a high-end home furnishing center, in order to attract customers from a larger radius other than San Juan Capistrano. She noted problems with viewing staff's recom- mended backlit lighting from anywhere other than at a 90 - degree angle. Chuck Johnson, applicant, noted the difficulty in viewing the backlit lighting at the Hughes center located at Del Avion and Golden Lighting from any angle other than 90 degrees and the difficulty in seeing the lettering properly at night because of a "halo" effect. He felt that fast -traveling traffic on the freeway would have difficulty seeing the signage, which is the only exposure for the center, and felt that the center needed a reasonable opportunity to be quickly identified. Mr. Johnson suggested that the Council hold off on any decision until they have had a chance to view the backlit type of illumination at the Hughes center. Ms. Schulenburg noted the backlit illumination at the Home Federal site, that the land use for Area A indicates that signage should communicate the center name only and not individual tenants, and that Buildings A and E are located only 25 feet from the freeway. Council Discussion: Councilman Buchheim felt that since the signage appeared to be crucial, the issue should have been addressed earlier in the process. He stated a preference for viewing the backlit illumination at Hughes prior to making a decision. Mr. Merrell reviewed the history of the signage issues. He felt that the size of the signs as recommended by staff (18 inches in height and 24 feet long) is generous. Mr. Merrell suggested that in order to solve the problem of viewing backlit illumination at night, that channel lettering be -17- 7/17/90 externally illuminated from the front, which would increase visibility without the appearance of neon. Mayor Hausdorfer stated that he would support only non - halogen, non -neon lighting. Councilman Bland voiced his preference for the external lighting at Marie Callender's. Reaffirming Planning Commission Decision with Modified Condition No. 2c: It was moved by Councilman Bland, seconded by Mayor Hausdorfer, that the following Resolution be adopted reaffir- ming the Planning Commission's requirement for backlit illumination and size of signage, with the amendment to offer the applicant the option of installing external incandescent lighting which shall be reviewed by the Planning Commission: RESOLUTION NO. 90-7-17-8, REAFFIRMING PLANNING COMMISSION ACTION - SIGN PROGRAM (JOHNSON/YU) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE PLANNING COMMISSION'S ACTION ON MAY 22, 1990, REGARDING CONDITION NOS. 2a AND 2f AND MODIFYING CONDITION NO. 2c OF PLANNING COMMISSION RESOLUTION 90-5-22-2 (SIGN PROGRAM, JOHNSON/YU - PASEO MERCADO) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze DIRECTOR OF PUBLIC WORKS 1. AWARD OF CONTRACT - RECYCLING/SOLD WASTE CONSULTING SERVICES (R.W. BECK) (600.30) written Communication: Report dated July 17, 1990, from the Public Works Senior Management Assistant, recommending that the City contract with the firm of R.W. Beck and Associates to provide techni- cal consultation for the development of a joint curbside recycling program, as required by AB 939. Phase I is anticipated to begin in September 1990. The City's efforts will work in conjunction with similar programs in the cities of Dana Point and San Clemente. Additional funding is requested to finance Phase I of the project. A final budget -18- 7/17/90 and suggested funding source will be presented to the Council at the August 7, 1990, meeting. Approval of Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Consulting Services with R.W. Beck and Associates be approved and that $5,000 be authorized for Phase I of the program. 2. ESTABLISHMENT OF 20 -MINUTE PARKING ZONE FRONTING CAPISTRANO UNIFIED SCHOOL DISTRICT OFFICE (570.30) Written Communication: Report dated July 17, 1990, from the City Engineer, regarding a request for the Capistrano Unified School District to install and maintain a sign and pavement markings estab- lishing a 20 -minute parking zone in front of their office at 32972 Calle Perfecto. Establishing Parking Zone: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted establishing a 20 -minute, Monday -Friday, 8 a.m. to 5 p.m. parking zone, with the condition that the Capistrano Unified School District install and maintain the necessary sign and pavement markings upon approval of the Traffic Engineer: RESOLUTION NO. 90-7-17-9. ESTABLISHING A TWENTY - MINUTE PARKING ZONE AT 32972 CALLE PERFECTO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A TWENTY - MINUTE PARKING ZONE IN FRONT OF 32972 CALLE PERFECTO The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze 3. ESTABLISHMENT OF TOW -AWAY ZONE FOR STREET SWEEPING PROGRAM ' (SADDLEBACK CAPISTRANO HOMEOWNER'S ASSOCIATION) (570.30) Written Communication: Report dated July 17, 1990, from the City Engineer, regarding a request from the Saddleback Capistrano Homeowner's Associa- tion to establish no -parking zones during street sweeping days in their community. Ninety-two percent of the residents -19- 7/17/90 expressed their support of the program, which is scheduled for implementation on August 31, 1990. Mr. Julian noted that a minimal number of signs will be used in this community. Establishing Tow -Away Zone: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO 90-7-17-10. ESTABLISHING "TOW -AWAY" ZONES FOR STREET SWEEPING PROGRAM - SADDLEBACK CAPISTRANO HOMES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "TOW -AWAY" ZONES DURING THE DAYS AND HOURS OF STREET SWEEPING IN THE PUBLIC STREETS WITHIN THE AREA KNOWN AS THE SADDLEBACK CAPISTRANO HOMES The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze The resolution designated the following streets as tow -away zones on the first and third Mondays from 8:00 a.m., to 12:00 noon for street sweeping purposes: Via de Oliva, Via de Aguila, Via de Gavilan, Calle Aspero, Via de Toledo, Paseo Sanchez, and Paseo Manana. RESOLUTION INTENT TO VACATE SHAMROCK LANE GLENARIFF LANE, AND CONNEMARA DRIVE (AVENIDA PESCADOR TO GLENARIFF LANE) (820.40) Written Communication: Report dated July 17, 1990, from Mr. Murphy of the Department of Public Works, regarding a request from the Connemara II Property Owners Association for a gate -guarded facility in their development and the necessity for the City to state their intention to vacate the streets affected. Intent to Vacate Streets/Setting Public Hearing: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted declaring the City's intent to vacate the affected streets and setting the hearing date for August 7, 1990, at 7:00 p.m., in the City Council Chamber: -20- 7/17/90 RESOLUTION NO. 90-7-17-11, INTENT TO VACATE SHAMROCK LANE, GLENARIFF LANE, AND CONNEMARA DRIVE (FROM AVENIDA PESCADOR TO GLENARIFF LANE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENT TO VACATE SHAMROCK LANE, GLENARIFF LANE, AND CONNEMARA DRIVE (FROM AVENIDA PESCADOR TO GLENARIFF LANE) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze ORDINANCES ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING DUTIES OF COMMISSIONS (ADOPTION) (110.20/910.60/920.20/590.20/930.40) Written Communication: Report dated July 17, 1990, from the Acting City Clerk, advising that the Ordinance was introduced at the meeting of June 19, 1990, and was scheduled for adoption. Adoption of Ordinance: The City Attorney 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 Buchheim, seconded by Councilman Bland, that the following Ordinance be adopted: ORDINANCE NO. 669 - AMENDING DUTIES OF COMMISSIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR CHANGES IN DUTIES WITH RESPECT TO THE CULTURAL HERITAGE COMMISSION, PARKS AND RECREATION COMMISSION, TRAFFIC AND TRANSPORTA- TION COMMISSION, AND EQUESTRIAN AND RECREATION TRAILS COMMISSION -21- 7/17/90 The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer ABSENT: Councilmen Friess and Schwartze It was noted that the adopted Ordinance retains the name of the Cultural Heritage Commission, as requested at the meeting of July 3, 1990. 2. ORDINANCE AMENDING TITLE 2 AND TITLE 9 OF THE MUNICIPAL CODE ESTABLISHING A DESIGN REVIEW COMMISSION (ADOPTION) (410.60/ 420.30) Written Communication: Report dated July 17, 1990, from the Acting City Clerk, advising that the Ordinance was introduced at the meeting of July 3, 1990, and was scheduled for adoption. Adoption of Ordinance: The City Attorney 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 Buchheim, seconded by Councilman Bland, that the following Ordinance be adopted: ORDINANCE NO. 670 - ESTABLISHING A DESIGN REVIEW COMMISSION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A DESIGN REVIEW COMMISSION AND ESTABLISHING AUTHORITY AND DUTIES WITH RESPECT TO THE OPERATION OF A DESIGN REVIEW COMMISSION The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Friess and Schwartze COUNCILMANIC ITEMS 1. -22- 7/17/90 Written Communication: Report dated July 17, 1990, from the Acting City Clerk, stating that the Council subcommittee would make an oral presentation and recommendation at the meeting. Although the subcommittee of Councilmen Friess and Schwartze was not in attendance, Mayor Hausdorfer stated that they had forwarded their recommendations to the Council. Approval of Appointments: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that: (1) all existing members of committees, boards, and commis- sions be reappointed; (2) Roy Nunn be appointed to the Architectural Board of Review (now the Design Review Commission); and (3) vacant positions on the Planning Commission, Mobilehome Park Review Committee, Los Rios Review Committee, and Economic Development Commission be readvertised for a period of three weeks. 2. ORAL REPORTS OF OUTSIDE AGENCIES None. COUNCIL COMMENTS None. CLOSED SESSION Council recessed to a Closed Session at 9:22 p.m. for discussion of legal and personnel meet -and -confer matters, the Deputy City Clerk being excused therefrom, and reconvened at 10:17 p.m. -23- 7/17/90 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:17 p.m. to the next regular meeting date of Tuesday, August 7, 1990, at 7:00 p.m. in the City Council Chamber. ATTEST: ZGARY HAUSDORFER, YOR Respectfully submitted, -24- 7/17/90 r-.