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00-0531_CC_Minutes_Adjourned Regular Meeting059 MAY 31, 2000 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 1610.85) Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.8, the City Council will conferwith its Real Property Negotiator (City Manager) concerning the potential sale of certain City -owned real property described as APN 121-141-25 and -26 (Easterly 2,302 sf of Lot 9, Tract 50 and Easterly 2,820 sf of Lot 10, Tract 50). The negotiating party is Mr. A. Sesar. 2. Pursuant to Government Code Section 54957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees). RECESS UNTIL 7:00 P.M. BUSINESS SESSION. The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Doran Tregarthen, St. Margaret of Scotland Episcopal Church. The meeting was adjourned from May 16, 2000 due to lack of quorum. ROLL CALL: PRESENT: Collene Campbell, Mayor Wyatt Hart, Mayor pro tem Diane Bathgate, Council Member John Greiner, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Campbell announced there were no actions to report from the Closed Session. Adjourned City Council Minutes -1- 5131100 1.1 INTRODUCTION PRESENTATIONS AND DONATIONS PRESENTATION TO FORMER COMMISSIONERS (110.3 Written Communications: (1) Report dated May 16, 2000, from the City Manager, advising that four former Commissioners would be present to receive plaques recognizing their service to the City. (2) Report dated May 31, 2000, from the City Manager, advising that three former Commissioners would be present to receive plaques of recognition. The Report advised that a plaque would be mailed to James Allen recognizing 15 years on the Cultural Heritage Commission. William Hardy was present to receive a plaque recognizing 14 years on the Cultural Heritage Commission. Ron Beard was present to receive a plaque for 1 year on the Transportation Commission Diane Bathgate was present to receive a plaque recognizing 9 years on the Planning Commission. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10 Mayor pro tem Hart introduced the following persons in attendance: Sheldon Cohen, Planning Commission; Angela Duzich-Rohde, Transportation Commission; Jan Siegel, Cultural Heritage Commission; Marie Buckner and Joann De Guevara, Housing Advisory Committee. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT Sign Regulations (410.40 John Mione, 32158 Camino Capistrano, Suite 188, advised that on March 7th he had indicated his feeling that the Grubb and Ellis sign on Camino Capistrano was an eyesore and that such "For Lease" signs should be regulated in terms of color, size and wording. He further indicated that the Grubb and Ellis sign was still in place and unchanged. Mayor Campbell advised that staff would review the issues. CONSENT CALENDAR It was moved by Council Member Hart, seconded by Council Member Greiner, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: Adjourned City Council Minutes -2- 5131100 061 AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF APRIL 18, 2000 The Minutes of the Regular Meeting of April 18, 2000, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF APRIL 20, 2000„(300.30) The List of Demands dated April 20, 2000, in the total amount of $864,378.73, was ordered received and filed with Council Member Bathgate abstaining. 4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated May 16, 2000, from the Planning Director, advising that three new application had been received since the last Report on April 18, 2000, was ordered received and filed. 5. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT - CAMINO DEL AVION LANDSCAPE PROJECT (ARBOR SERVICES (CIP NO. 131) 60f 0.30) As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, the following Resolution was adopted declaring the work for the Camino Del Avion landscape project to be complete: RESOLUTION NO. 00-5-31-1, COMPLETION OF CAMINO DELAVION LANDSCAPING (ARBOR SERVICES) - 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 CAMINO DEL AVION LANDSCAPING PROJECT (ARBOR SERVICES) The Resolution accepted the work as complete in the amount of $96,689.00, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff -- was authorized to release the retention in the amount of $9,668.90, thirty-five (35) days after recording the Notice of Completion. Adjourned City Council Minutes -3- 5131100 062 6. ADOPTION OF RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. 004-M REHABILITATION OF ORTEGA HIGHWAY FROM DEL OBISPO STREET TO 1-5 SOUTHBOUND RAMPS (CIP NO. 114) (DEPARTMENT OF TRANSPORTATION) (600.50) As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, the following Resolution was adopted authorizing the City Manager to execute the Program Supplement Agreement No. 004-M with the Department of Transportation for the Rehabilitation of Ortega Highway from Del Obispo Street to the 1-5 Southbound Ramps: RESOLUTION NO. 00-5-31-2, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 004-M - REHABILITATION OF ORTEGA HIGHWAY FROM DEL OBISPO STREET TO 1-5 SOUTHBOUND RAMPS (DEPARTMENT OF TRANSPORTATION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. 004-M WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE REHABILITATION OF ORTEGA HIGHWAY FROM DEL OBISPO STREET TO 1-5 SOUTHBOUND RAMPS, 12-ORA-0-SJCP, STPLMA- 5372(006) 7. ADOPTION OF RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. 005-M, REHABILITATION OF DELOBISPO STREET FROM ALIPAZ STREET TO CAMINO CAPISTRANO CIP NO. 111 DEPARTMENT OF TRANSPORTATION 600.50 As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, the following Resolution was adopted authorizing the City Manager to execute the Program Supplement Agreement No. 005-M with the Department of Transportation for the Rehabilitation of Del Obispo Street from Alipaz Street to Camino Capistrano: RESOLUTION NO. 00-5-31-3, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 005-M - REHABILITATION OF DEL OBISPO STREET FROM ALIPAZ STREET TO CAMINO CAPISTRANO DEPARTMENT OF TRANSPORTATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. 005-M WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE REHABILITATION OF DEL OBISPO STREET FROM ALIPAZ STREET TO CAMINO CAPISTRANO, 12-ORA-0-SJCP, STPLMA-5372(007) Adjourned City Council Minutes -4- 5/31100 063 8. APPROVAL OF CONSOLIDATION OF SOUTHEAST REGIONAL RECLAMATION AUTHORITY (SERRA) WITH AI_ISO WATER MANAGEMENT AGENCY AWMA AND SOUTH ORANGE COUNTY RECLAMATION AUTHORITY (SOCRA) (1040.60) As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, the following Resolution was adopted supporting the consolidation of the three regional wastewater treatment and reclamation agencies: RESOLUTION NO. 00-5-31-4 SUPPORTING CONSOLIDATION OF WATER AGENCIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE CONSOLIDATION OF THE AI_ISO WATER MANAGEMENT AGENCY, THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY AND THE SOUTH ORANGE COUNTY RECLAMATION AUTHORITY 9. APPROVAL OF WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER (ORANGE COUNTY BOARD OF SUPERVISORS, 5T" DISTRICT: JUNE 22. 2000) (390.30) As set forth in the Report dated May 16, 2000, from the Community Services Director, Community Center rental fees were waived for a June 22, 2000 south -County regional meeting regarding trails and recreational issues, hosted by Orange County Fifth District Supervisor Thomas Wilson. 10. APPROVAL OF SELECTION FOR DESIGN SERVICES FOR THE NORTH OPEN SPACE TEA GRANT PROJECT (KFM ENGINEERING) (600.30) As set forth in the Report dated May 16, 2000, from the Engineering and Building Director, the selection of KFM Engineers was approved to design the Transportation Enhancement Application Grant for the North Open Space Project in the amount of $142,370. 11. APPROVAL OF LICENSE AGREEMENT FOR PROVISION OF CITY WASTEWATER TRANSMISSION FACILITIES FOR USE BY MOULTON NIGUEL WATER DISTRICT (ROSENBAUM PUMP STATION)60( 0.50) As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, a License Agreement was approved to allow Moulton Niguel Water District to transmit wastewater flows from a specified area in Mission Viejo to the Village San Juan gravity sewer and Rosenbaum Lift Stations for ultimate treatment at the SERRA Treatment Plant, in exchange for the Moulton Niguel Water District funding of Rosenbaum Lift Station improvements in the amount of $23,500. PUBLIC HEARINGS - None Adjourned City Council Minutes -5- 5131100 064 RECESS AND RECONVENE Council recessed at 7:14 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:15 p.m. ADMINISTRATIVE ITEMS CITY MANAGER APPROVAL OF RESOLUTION IMPLEMENTING CHANGES TO THE OVERNIGHT PARKING PERMIT PROGRAM FOR THE CAPISTRANO VILLAS NEIGHBORHOOD (570.70) Written Communications: Report dated May 16, 2000, from the Assistant City Manager, advising that an overnight parking permit program had been instituted in January, 1994 in the Capistrano Villas neighborhoods. The report described proposed changes recommended by 2 of the 3 HOA boards of directors and included return of the Capistrano Villas 1 HOA to the program. Changes included placement of the parking decals on vehicle bumpers; a change in Visitor Permits; an increase in the cost of the annual permits to $15; and the creation of sanctions for the unauthorized transfer of parking permits by homeowners. The Report advised that the Associations had asked the City to consider reducing the basic allocation of parking permits; a request staff did not support. The Assistant City Manager described the current program and the proposed changes. Mrs. Murray's presentation and the following public comments, Council discussion, and motion, were translated into Spanish for the benefit of those in the audience. Public Comment: (1) Blanca Rivera, 26461 Calle San Luis, spoke in support of the program, but questioned how her family's four cars would be addressed through the program. Mrs. Murray advised that the program rules were structured to recognize such a situation through an appeal process. (2) Ishi Salazar, 26508 Calle San Antonio, felt the program dealt with causes and not symptoms and the proposed revisions would not make the situation better. He stated that residents paid for the parking permit, which only gave them a chance to look for parking, there was no guarantee that an overnight parking space would be available. He felt the only way to deal with the program was to obtain additional land to be used as a parking lot for residents. Mrs. Murray addressed the City's expenditures for the program, noting that the program did not generate enough revenue, even with the increased permit fee, to cover the program costs. (3) Phyllis Orgeich, 26522 Calle San Francisco, advised she had lived in the neighborhood for over 23 years; that an increase in the number of families and Adjourned City Council Minutes -6- 5/31100 065 cars had caused the current problems. She stated that when the parking program was first implemented residents used their garages for overnight parking. She felt the program was necessary for those with multiple vehicles and urged support of the proposed program. (4) Anna L. Arias, 31361 Los Rios Street, spoke in support of the program but expressed objections to placing the parking sticker on the bumper because it would deface her property. She indicated placement of the sticker in a window would be acceptable. She indicated that the parking permit did not guarantee safety or a place to park. (5) Carlos F. Negrete, 27422 Calle Arroyo, indicated he was speaking as a taxpayer and as President of the League of United Latin American Citizens (LULAC). He indicated that while LULAC was against exclusionary policies, they understood the problem of too many cars and not enough parking spaces. He felt the present program isolated some individuals from obtaining parking and that the appeal process was not working for a number of individuals. He felt that Webb Management and the City were doing a good job with what was in place. He suggested a three-tier system; first, owner/residents would automatically receive one space; second, would be color -coding; and, third would be first-come first- served. He also felt a solution would entail the Community Redevelopment Agency purchasing property to be used as a parking lot for the neighborhood. He asked that his proposals be considered and a task force or study group be formed to work toward a fair solution. (6) Jesse Gomez, 31396 Los Rios Street, President of Capistrano Villas HOA #3, indicated that the Homeowners Association had requested the parking program only in response to residents who wanted it. (7) Cesar Loya, 26471 Calle San Luis, spoke in opposition to the program, stating it was a low-cost, quick fix solution that would not fix the problem but create problems in the long -run. He concurred with the suggestion for a parking task force to determine the desires of the community. (8) Nancy Gee, 30812 Avenida de la Vista, spoke in support of implementing the program in the Capistrano Villas #1 neighborhood quickly, noting that residents of the neighboring associations frequently relocated inoperable cars to the streets in Capistrano Villas #1, which resulted in fewer parking spaces for her neighborhood. (9) Alfonso Tirado, 31532 Los Rios Street, also noted that the parking permit did not guarantee a parking space. He felt there could be a better structure to the program, noting that there was overcrowding in the neighborhood, sometimes a high number of cars for one home, and non-use of garages. Adjourned City Council Minutes -7- 5131100 1.. (10) Juan Carlos Samaniego, 26483 Calle San Luis, spoke in support of the program, indicating that the program may not be fair to residents with too many cars, or inoperable cars or garages that were used for housing instead of vehicles. However, when his wife came home from work late at night and could not find a place to park, that was not fair to him. (11) Manny Marroquin, 24731 Mosquero Lane, Mission Viejo, CA 92691, representing LULAC, urged the City Council to keep an open mind and work with the community to achieve a resolution to the problem. (12) Luis Arellano, 32118 Paseo Adelanto, advised he was opposed to the program as it currently existed. He felt there should be a process that allowed more direct participation from tenants and volunteered to set up a process that would facilitate a direct connection between the homeowners and renters. (13) Claudia Ortiz, 31008 Calle San Diego, spoke in support of the program, stating her feeling that people who did not support the program were using their garages in ways other than for parking of cars. She questioned how the program would deal with potential duplication of permits and Mrs. Murray indicated that the permit material would be holographic and difficult to counterfeit. (14) Alberto Marquina, 31572 Calle La Purisima, spoke in opposition to the program, noting that he had a hanging parking permit and still received parking tickets. He stated a preference for being able to park cars on land acquired for that purpose. (15) Filiberto Mendoza, 31061 Calle San Diego, suggested that the Capistrano Villas Neighborhood be made a gated neighborhood in order to control parking. He suggested implementing different colored stickers for each HOA. He stated that Capistrano Villas #1 did not want stickers. He stated opposition to placing the stickers on the bumper because when a car was sold the sticker would be lost. (16) Jose Luis Rancano, 26485 Paseo San Gabriel, explained problems he had encountered with the visitor parking permits, noting he had received three tickets in one week because the permit was not valid. He advised he had contacted Webb Management about the problem but had never received a return call. He explained that the HOA issued citations if trash cans were left on porches; however, when the trash cans were in the garage some cars would not fit. RECESS AND RECONVENE Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. (17) Alejandro Medina, 31374 Los Rios Street, spoke in opposition to the program and his objection to placement of the permit sticker on his bumper. He felt people would be in favor of the program if it solved the problems. Adjourned City Council Minutes -8- 5131100 067 (18) Gillian M. Cannon, 26467 Calle San Luis, spoke in support of the program and cited the problems encountered with overcrowding. She felt many good ideas had been put forth and that a liaison between renters and owners was a good idea since legally, the Associations had to deal with the owners of the units. She suggested the program be put into effect and then a search for long-range solutions begun. (19) Angela Duzich-Rohde, 31372 Don Juan Avenue, Capistrano Villas HOA #1, advised that the residents had asked that the Association be re -included in the program, stating that all three Associations needed to be involved for the program to work. She discussed problems encountered in her Association from high-density housing with substandard parking and overflow parking from Associations #2 and #3. She further indicated that permit parking would not guarantee a closer -to -home parking spot. She cited the staff recommendation that the Homeowners Association #1 be required to fund the cost of re -installing the permit parking signs. She stated that the signs previously removed from her Association had been used elsewhere and noted her desire to save the Association the $300 cost. Mayor Campbell advised it would be taken care of. She felt that of a specific allocation of permits and a hearing board, permits should be issued only to residents who could show proof of current vehicle registration and a current Capistrano Villas address. Vehicles registered as non- operative or registered to an address other than the Capistrano Villas should not be allowed; inoperative cars should be towed away. She indicated her desire for a fair and workable program. (20) Maria Luisa Ramirez, 31108 Calle San Diego, expressed appreciation to the Council and the Association for the parking program and their efforts to take care of the residents in the area. She indicated it was important for the parking stickers to work because parking spaces in Association #1 were being used by residents of the other Associations. She stated it was important to take care of each other. (21) Enrique Loya, 26485 Calle San Luis, spoke in opposition to the placement of stickers on bumpers. He stated that cars not being used should be removed; every vehicle being used should have a parking sticker. He felt the program would push residents of the Villas to park in areas outside the neighborhood. He asked when the program would take effect and Mrs. Murray advised that if the program was approved this evening the notices would go out to property owners soon, with permits to be available by the end of June. He felt one of the solutions was to purchase land for additional parking. (22) Esau Nava, 31345 Los Rios Street, spoke in support of the program, stating that it would be beneficial to assign parking for each residence. He acknowledged it would not be convenient for residents who have four or more cars, or units with three or more tenant families and owners who rent out garages. He stated he Adjourned City Council Minutes -9- 5131/00 W was trying to comply with the law and should not have to pay for other peoples' mistakes. (23) Juan De La Torre, 26492 Calle San Antonio, felt there were lots of points to be discussed. He noted that many families were unable to afford to live in an apartment without renting out rooms and those additional tenants needed to drive. He felt land should be purchased for additional parking. He stated concerns that the parking permits would be stolen. He felt there might be a program where the government could buy inoperable cars and take them to a junk yard. (24) Lupe Green, 27092-A Paseo Burladero, felt that the parking Issues were symbolic of lots of other issues. She stated that the majority of people in attendance at the workshop on this issue were in favor of the program and the permit fees had not been an issue. She suggested that further study be given to the issues and that the people in attendance make a commitment to be involved in the process. She asked that if the program was approved, there be a follow-up in terms of how it was implemented, how every resident heard about it; and, that it be returned for future review. Council Comments: Council Member Swerdlin noted that many issues remained to be worked through and stated support for forming a task force that would report to Council in 60 days on short- term solutions and within 120 days on long-term solutions. He further indicated support for numbering or defining spaces on the street and felt there was a possibility that a joint use arrangement could be worked out with the Saddleback Valley Christian School for additional parking. Council Member Hart spoke in support of the staff recommendation to allow Capistrano Villas Homeowners Association No. 1 back into the program and then forming a task force to report to Council in 3 to 4 months for final approval. Council Member Bathgate also supported formation of a task force to review the parking program and alternatives, and as long-term solutions. Council Member Greiner felt the Homeowner Associations should do everything within their legal authority to enforce use of garages for parking. He indicated his concern whether City government should be involved in permit parking and stated support for formation of a task force. Approval of Return of Capistrano Villas HOA 1 To Program/Revised Rules/Formation of Task Force: It was moved by Council Member Swerdlin, seconded by Council Member Hart that (1) Capistrano Villas Homeowners Association No. 1 be allowed to return to the program subject to reimbursement of the City's costs, not to exceed $300, to re -install the necessary parking signs; (2) the following Resolution be adopted: Adjourned City Council Minutes -10- 5131100 1.• RESOLUTION NO. 00-5-31-5, MODIFYING RULES GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM FOR THE CAPISTRANO VILLAS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING THE RULES GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM WITHIN THE RESIDENTIAL SUBDIVISION KNOWN AS THE CAPISTRANO VILLAS AND RESCINDING RESOLUTION NOS. 94-11-1-4 AND 96-2-20-3 (3) the rules be modified to allow placement of the parking decal on the left side of the bumper or the left window; (4) a task force or concerned residents and staff be formed with direction to provide a published, off -agenda status report within 60 days and a report on possible long-term solutions as soon thereafter as possible; and, (5) Council Members Hart and Swerdlin be selected to appoint the task force members. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None -- ABSENT: None PLANNING DIRECTOR APPROVAL OF REVISED PERIMETER WALL DESIGN (VESTING TENTATIVE TRACT MAP 15998 - VILLAGE ALIPAZ) (420.401 Written Communications: Report dated May 16, 2000, from the Planning Director, advising that on April 18, 2000, the City Council had approved the second phase of the Village Alipaz development subject to a condition that required a specific design for the combination retaining/privacy wall along the south elevation; or, additional consideration of an alternative design by the City Council. The Report forwarded an alternate design for Council consideration. Exhibits of the proposed retaining wall were on display. Council Questions: Council Member Bathgate asked who would perform maintenance of the 2 -foot planter that was being proposed. C.J. Amstrup, project manager, advised that the Homeowners Association would perform the maintenance and the responsibility would be set forth in the CC&R's prior recordation of the final map. Council Member Bathgate noted her concern that the wall along the front of the property be treated in a manner to assure there would be a smooth transition from the neighboring mobilehome park to Adjourned City Council Minutes -11- 5131100 070 the parkway. Mr. Amstrup indicated that the issue of blending that corner could be included with the planting and landscape plan review conducted by the Planning Commission. Council Member Bathgate noted that she still preferred the design approved with the tentative map and would like that slope treatment retained as the preferable treatment, even though it would require control of property not owned by the developer. She indicated she would support the revised design but did not want the two designs to be mutually exclusive and would like the developer to pursue the April 18th wall design approval. Council Member Greiner inquired whether there would be special permission granted for access to maintain the 2' landscape strip and the retaining wall; Mr. Schwartze, representing the developer, indicated the permission had been received. Mr. Amstrup indicated that a letter had been received from the adjacent mobilehome park advising of conceptual approval of the revised plan. Approval of Revised Perimeter Wali Design: It was moved by Council Member Swerdlin, seconded by Council Member Greiner that the following Resolution be adopted as modified to include a requirement that treatment of the wall at the front of the property be included with the planting and landscape plans to be reviewed by the Planning Commission, and that pursuit of the south boundary treatment approved on April 18 not be precluded by this approval: RESOLUTION NO. 00-5-31-6 APPROVING REVISED PERIMETER WALL DESIGN - VESTING TENTATIVE TRACT MAP 15998 (VILLAGE ALIPAZ) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REVISED PERIMETER WALL DESIGN FOR VILLAGE ALIPAZ - VESTING TENTATIVE TRACT MAP 15998 (VILLAGE ALIPAZ LLC) The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None COMMUNITY SERVICES DIRECTOR APPROVAL OF REVISED COMMUNITY SERVICES DEPARTMENT'S FACILITY RENTAL FEES AND CHARGES FOR NON -SAN JUAN CAPISTRANO BUSINESSES (960.20) Written Communications: Report dated May 16, 2000, from the Community Services Director, recommending adjustments to the facility fee schedule for the Community Center and all other City Adjourned City Council Minutes -12- 5131100 071 buildings and parks. The three primary proposed changes are in the areas of rentals to non -San Juan Capistrano businesses who rental facilities to conduct a revenue - generating activity; cleaning and compliance deposits; and, cancellation fees. The Community Services Director advised that this item had been brought to Council in response to Council concerns regarding standardization of the cost recovery program for processing of cancellations. He indicated that resolution under consideration thoroughly addressed use of the facility by non -San Juan Capistrano based groups. Council Comments: Council Member Swerdlin indicated concerns with use of the Community Center for profit -generation by outside businesses and stated his preference to eliminate that use. Mayor Campbell stated her understanding that Council had directed that the Center should be able to sustain itself and she felt use by for-profit organizations was appropriate to reach that goal. Council Member Swerdlin initiated discussion regarding use of the Community Center by outside for-profit groups. The City Manager advised that the operational gap between revenue and expenses was over $900,000 and the original analysis and policy decisions were based on the need for revenue sources generated from more traditional business ventures. As a result a fairly aggressive marketing program had been developed to reduce the gap. He suggested that the resolution be adopted and the Council be given more background on these types of issues. Discussion ensued regarding use of the Center by outside groups precluding local groups. Approval of Revised Facility -Rental Fees: It was moved by Council Member Swerdlin, seconded by Council Member Hart that the following Resolution be adopted: RESOLUTION NO. 00-5-31-6 ESTABLISHING RENTAL FEES FOR COMMUNITY SERVICES FACILITIES -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NEW RENTAL FEES FOR COMMUNITY SERVICES FACILITIES AND REPEALING RESOLUTION NO. 98-9-15-3 The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None Staff was directed to return to Council if problems developed where booking of the Community Center by local groups was precluded due to usage by outside groups. Adjourned City Council Minutes -13- 5131100 072 ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES - None COUNCIL COMMENTS - None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:07 p.m. to the next regular meeting date of Tuesday, June 6, 2000, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, ,Avf O ,>r CITYCLERK' UM'd - ATTEST: LENE,2KMPBEf, -MAYO R Adjourned City Council Minutes -14- 5/31160