97-1216_CC_Minutes_Regular Meeting001
DECEMBER 16, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85) - None
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MEETING�1 11 P.M. BUSINESS SESSION,
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Robert L. Schwenck, Community
Presbyterian Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
David M. Swerdlin, Council Member
Wyatt Hart, 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. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Al King, Community
Services Director; Lt. Paul Sullivan, Chief of Police Services; Gillian E. Rampley, Recording
Secretary.
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Mayor Jones presented 3000 -Hour Service Pins to Carrie Homer and Soc Saccoman for their
service as volunteers with the Associated Seniors Action Program. Ms. Homer and Mr.
Saccoman expressed their appreciation for the support of the Council and citizens, and for
the recognition of their service.
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Millie Jones presented a hand -painted, china vase to the City to serve as a memorial container
to preserve soil from the December 1, 1997 ground -breaking ceremony for the Community
City Council Minutes -1- 12116(97
002
Center. The vase was accepted on behalf of the City by Council Member Campbell who
expressed the City's gratitude for the gift.
Council Member Greiner introduced the following persons in attendance: Phil Schwartze,
Former Mayor; Al Simmons, Seniors Liaison to the City; Tom Facon, Chamber of Commerce
Executive Director; Bill Hardy and Don Tryon (Cultural Heritage Commission); Ed Johnson,
Sheldon Cohen and Bill Sonka (Planning Commission); Joann de Guevara, Mary Rose
Winkler and Marie Buckner (Housing Advisory Committee).
4. ACKNOWLEDGEMENT OF DONATIONS (150 10)
Mayor Jones acknowledged the following donations: (1) A cash donation to the Letters to
Santa Program from Jim and Melody Boyd (San Juan Capistrano residents) of Casual
Gourmet, Newport Beach; and, (2) A cash donation to the Scholarship Program, Youth
Sports Program and Youth/Teen Afterschool Recreation Program from Chris Edmondson of
Chick's Plumbing, Inc., Capistrano Beach.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS)
1. PRESENTATION OF SCUBA CERTIFICATES (COMMUNITY SERVICES
PROGRAM) 610.401
Max Madrid, Director of Gang Prevention for the Community Service Programs, introduced
Mr. Henry, a scuba instructor for Beach Cities Scuba. Mr. Henry advised that Beach Cities
Scuba was a sponsor of Dana Point Divers, who had wished to become more involved with
youth of the community. On behalf of Dana Point Divers and Beach Cities Scuba, he
presented certificates to Kyle Bailey and Biff Gass, who had fulfilled the training requirements
and earned certification as Open Water Scuba Divers.
Pauline Leonard advised that since the approval of the rental housing program by the City
Council in February, twelve families had been placed in housing. She noted that there was
still a great need for affordable rental housing in the City.
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Michael Hunn, 31441 Ganado Road, advised the Council of increased traffic in the alley
behind homes on Avenida Los Amigos, stating that vehicles were using the alley to bypass
the traffic signals on Camino Capistrano. He requested installation of stop signs or
City Council Minutes -2- 12/16/97
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establishment of one-way traffic restrictions. Staff will meet with Mr. Hunn to look at
possible solutions.
4. NOTICING CONCERNS (TOYOTA) (610.30)
Jack Bloodworth, Toyota Motor Sales USA, 19001 South Western Avenue, Torrance,
advised the Council of his concerns regarding Notices from the City. He felt that Notices
regarding actions concerning adjacent developments, such as the Home Depot, proposed
Honda/Chevrolet Dealership and YMR property sale, had not been mailed in a timely manner
nor addressed sufficiently to allow for timely input from Toyota. He requested that all future
written notices be addressed directly to him and to Reuben De Leon and asked that telephone
notice also be provided.
CONSENT CALENDAR
It was moved by Council Member Campbell, and seconded by Council Member Swerdlin, that the
staff recommendations be accepted for the following items listed on the Consent Calendar. The
motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Swerdlin and Mayor Jones
NOES: None
ABSENT: None
I U10.104114-IRAVAIME Wel k,
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETIN,! OF
NOVEMBER•.
The Minutes of the Regular Meeting of November 18, 1997, were approved as submitted.
HWI 1• 4131: •• •1 1
The List of Demands dated December 3, 1997, in the total amount of $301,393.80, was
ordered received and filed.
The Planning Director's Report on the status of new development applications was ordered
received and filed.
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ME
5. CLAIM OF GEE RAY GEE DBA G FORCE FOR DAMAGES (170,10
As set forth in the Report dated December 16, 1997 from the City Attorney, the claim of Gee
Ray Gee, dba G Force, was denied in its entirety.
The following item was removed from the Consent Calendar.
OWNED "•' .11 1
Written Communication:
(1) Report dated December 16, 1997, from the Assistant City Manager, forwarding a
resolution formally stating the City Council's December 2, 1997, denial of Metricom's
request to place equipment on City -owned street lights.
(2) Letter received December 11, 1997 from the applicant, Metricom, requesting a
continuance to allow Metricom the opportunity to meet with staff.
Item Continued to Date Uncertain:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell and
unanimously carried that this item be continued at the request of the applicant.
PUBLIC HEARINGS
None
Council recessed at :35 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:39 p.m.
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HOUSING CORPORATION (430.8-0--j
Written Communication:
Report dated December 16, 1997 from the City Manager, forwarding a letter from the
Capistrano Terrace Homeowners Association which stated that the homeowners supported
the sale of the park to LINC Housing Corporation, a non-profit corporation. The Association
had requested that the City fund a geotechnical report and lend LINC Housing Corporation
the City's tax-exempt status for the issuance of bonds to finance the purchase and rehabilitate
the park, The bonds would be paid for by the residents of the mobile home park.
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Mr. Scarborough made an oral presentation, recommending the City Council approve the
request in concept and direct staff to return with appropriate agreements to implement the
requests. He noted that the geotechnical evaluation would be paid for from Redevelopment
Agency housing set aside funds.
Public Comments:
The following persons spoke in support of the request:
(1) Hunter Johnson, President ofLINC Housing, addressed the Council advising that the
Corporation was working with the residents to put this program together. He also
pointed out that the same Corporation was the managing general partner of the
Seasons Senior Apartments in the City, and owned and operated other mobile home
parks.
(2) Mary Rose Winkler, 32802 Valle Road, Space 111, Chairman of the Park Purchase
Committee, noted that the completion of the purchase was near; however, there were
concerns about the stability of the slopes and the current owner would not pay for the
geotechnical survey.
(3) Steve Julian, 27293 Via Capri, spoke of the need for a geotechnical study and urged
support of the staff recommendation.
' (4) Marilla Hamor, 32802 Valle Road, 4149, felt that the residents were embarking on
a large and exciting adventure and urged support of the staff recommendation in order
to maintain the ambience of the Park.
Conceptual Approval of Reguest:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, and carried
unanimously, to conceptually approve the requests that the City fund a geotechnical report
and lend LINC Housing Corporation the City's tax-exempt status for the issuance of bonds
to finance the purchase and rehabilitate the park; and, to direct staff to return to a future City
Council meeting with the appropriate agreements to implement the requests.
STEVE= 11MI ►I 11,3111•7=1 MEMO1 ' •
Written Communication:
Report dated December 16, 1997, from the Economic Development Administrator,
recommending that the City implement a program, in cooperation with the Chamber of
Commerce and the Restaurant Association, to provide a monthly summer concert series in
the Historic Town Center Park to bring residents into the downtown area. The Report
advised that the Concerts in the Park/Business Expo -oriented program would be held four
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times in the first year on the 3rd Wednesday of the months of June through September. Only
local merchants would be allowed to participate in the program.
Mechelle Lawrence made an oral presentation, noting that this concept was a combination of
efforts within the community and would benefit local businesses and restaurants. She noted
that this program was less costly than the previous "street fair" and would have less impact
on the downtown merchants. She explained that the City would take on responsibility for
setting up and taking down the site, and for finding entertainment, promoting the event and
soliciting donations to cover costs. The Chamber would set up the business exposition
portion and the Restaurant Association would provide the food.
Approval of Prowl and Budget Amendment:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried
unanimously, to authorize staff to proceed with implementation of a San Juan Summer Nites
Concert Series and to authorize a budget amendment of $4,000 from the general fund
reserves to Account 01-62537-4122 to allow for partial funding of the first two concerts.
3. SAN JUAN COMMERCIAL CENTER BEAUTIFICATION PARTNERSHIP
470.50)
Written Communication:
Report dated December 16, 1997 from the Economic Development Administrator advising
that the issue of the appearance of the City's larger shopping centers (those over 20,000
square feet) had been raised by the Chamber of Commerce Economic Development
Committee. A program had been developed wherein property owners would meet with staff
to discuss the objectives of the program, followed by field visits from code enforcement
officials to identify areas which are no longer in compliance with the City's commercial
property maintenance ordinance. The Chamber of Commerce would assist staff in educating
property owners of the value of ensuring long-term viability of their properties and would
develop a recognition program for property owners who maintain and beautify their plazas.
Ms. Lawrence made an oral presentation, noting that the proposal would promote a positive
effort to work with the property owners to maintain the physical conditions of their property,
prevent deterioration and preserve the economic vitality of the local business community. The
program would be a partnership between the City and the Chamber of Commerce. The City
would assist in identifying needs and solutions and would provide a time -frame for the
response. In order to carry out this program there would be a need to prioritize code
enforcement to the program, which could slow response time to other lower priority code
enforcement efforts.
Council Comments:
Council Member Swerdlin stated that this was a much-needed, well -thought out program but
stressed that additional code enforcement was needed within the City and that the service
level of such enforcement needed to be kept up, in addition to the proposed program.
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Authorization to Implement Program:
' Upon motion of Council Member Swerdlin, seconded by Council Member Hart, and
unanimously carried, staff was authorized to implement the Commercial Beautification
Program and provide follow-up information in six months.
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Written Communication:
Report dated December 16, 1997 from the Assistant City Manager, recommending adoption
of a resolution amending the City's Personnel Classification and Compensation Plan to create
the position of Personnel Administrator. The report further stated that upon the creation of
the position of Personnel Administrator, the Management Analyst II position assigned to the
City Manager's office would be eliminated.
Jennifer Murray made an oral presentation noting that the need for this position had been
identified for some time and was needed to effectively manage the upcoming Ralph Anderson
study. She advised that the request had been made in the Spring, but had not been dealt with
due to the Water District consolidation.
Council Comments:
Council Member Campbell reiterated that this action was not superseding the contract with
Ralph Anderson & Associates.
Adoption of Resolution:
It was moved by Council Member Greiner, seconded by Council Member Hart, that the
following Resolution amending the City's Personnel Classification and Compensation Plan
creating the position of Personnel Administrator be adopted:
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ADMINISTRATOR - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN TO CREATE THE
POSITION OF PERSONNEL ADMINISTRATOR
The motion was carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
I
ABSENT: None
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Written Communications:
Report dated December 16, 1997, from the Planning Director, advising that Concorde
Development had submitted a development application that would require a zone change, a
subdivision map, a hillside management application, and a ridgeline exception. The
application proposed to develop 356 single-family detached homes on approximately 356
acres. Of the total acreage, 192 acres would be retained as open space. The applicant had
also prepared an alternative land use plan that would incorporate an 18 -hole golf course and
fewer residential units; however, several golf course holes were proposed to be located on
the City's open space area separating the Rancho San Juan/Hunter's Creek neighborhoods.
The applicant had requested a work session to obtain input on the golf course optional design.
Mr. Tomlinson made an oral presentation, noting that the property in question was commonly
known as the "Reed Ranch" or the "University of California" property at the southeast comer
of the City. He advised that staff did not support the request because of the intensity of
development; that until the Environmental Impact studies underway were completed and an
analysis of developable land completed, it would be premature to conduct a work session.
Applicant Comments:
Dennis Gage of Cor. arde Development, 19700 Fairchild, Irvine, stated that the request was
for a work session for the Council to review the golf course concept and the open space
issues. He stated there were costly and time consuming issues surrounding the golf course
concept. Those issues could amend the scope of work for the EIR and seeded to be
addressed early on in the process.
Council Comments:
Mayor Jones expressed his reluctance to go ahead with such a work session without staff
concurrence. Council Member Hart noted that he felt it premature to conduct such a session
at this stage. Such a work session should deal with the entire project and, if staff felt that the
Environmental Impact report was needed prior to the session, then the session should wait
until that was available.
Council Member Swerdlin differed, noting that it was his understanding that the applicant was
asking for the Council to look at the golf course project only and that he felt it was not
necessary to wait for all studies to be completed before doing that.
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Denial ofReauest for Work Session:
It was moved by Council Member Hart, seconded by Council Member Greiner, that to
conduct a work session would be premature and that such a session should be considered
following the preparation of the Environmental Impact Report. The motion carried by the
following roll call vote:
AYES: Council Members Greiner, Hart, Campbell and Mayor Jones
NOES: Council Member Swerdlin
ABSENT: None
Golf Course To Be Addressed in EIR/No Long-TermAgreements:
It was moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried to direct that the golf course concept is to be included as an alternative
project to be addressed in the Environmental Impact Report; and, that no long-term
management agreements would be considered for the City -owned open space iaentified in the
applicant's request until the golf course option had been fully studied and considered by the
Council.
Written Communications:
Report dated December 16, 1997 from the Director of Engineering and Building, outlining
the need for a budget amendment to fund the costs of realigning the equestrian trial. Due to
funding concem:; on the part of the Transportation Corridor Agency, the City had agreed to
pay for the realignment constructed by the Agency, with the understanding that ultimate
funding of the realignment was the Agency's obligation and the City's funds were to be
reimbursed through future toll revenues. A budget amendment was required to move the
$40,000 from the Miscellaneous Engineering Account in Systems Development to the 1997-
98 Capital Improvement Program.
Mr. Huber made an oral presentation. I layor Jones noted recent trail erosion and Mr. Huber
advised that the Corridor Agency had been notified of the situation. He further advised he
would review the erosion and close the trail for safety purposes if necessary. Council
Member Campbell requested that the C rridor Agency be requested to reimburse the City as
soon as possible, noting, however, I er awareness that it would be several years before
reimbursement would be forthcoming,i
City Council Minutes -9- 12/16/97
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Approval of Budget Amendment:
Upon motion of Council Member Campbell, seconded by Council Member Hart, and
unanimously carried, the $40,000 budget amendment to the 1997-98 Capital Improvement
Program was approved. Staff was directed to close the trail if recent erosion had made it
unsafe.
RY."LERVIOW111-
TRAIL MAINTENANCEILOTS 26-30. TRACT 6381
(STONERIDGE ESTATES) (600-30)
Written Communication:
Report dated December 16, 1997 from the Director of Engineering and Building,
recommending adoption of a Resolution approving a Recreational Trail Maintenance
Agreement, Lots 26-30, Tract 6381 (Stoneridge Estates). The Report indicated that the
owners of Lot 26, Tract 6381, had requested abandonment of the feeder trail which bisects
their property. The property owners of Lots 27 and 28, who both benefit from the trail,
requested that the easement remain and had executed an agreement to assume future
maintenance of the trail.
Mr. Huber, Director of Engineering and Building, made an oral presentation noting that the
City would agree to maintain the trail for one year and perform repairs before the property
owners' acceptance of the easement. He further noted that the owner of Lot 26 had agreed
to the assumption of maintenance by the owners of Lots 27 and 28.
Adoption of Resolution:
It was moved by Council Member Greiner, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO 97-12-16-2. APPROVING RECREATIONAL TRAIL
MAINTENANCE AGREEMENT - TRACT 6381, LOTS 26 - 30
(PICKFTT/JANNARD) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A RECREATIONAL TRAIL MAINTENANCE AGREEMENT FOR A
RECREATIONAL FEEDER TRAIL SERVING LOTS 27 AND 28 OF
TRACT 6381, STONERIDGE ESTATES, SAID TRAIL BEING LOCATED
WITHIN LOTS 26,29 AND 30 OF TRACT 6381 (PICKETT/JANNARD)
The motion carried by the following vote:
AYES: Council Members Swer" Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
City Council Minutes -10-
12/16/97
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Written Communication:
Report dated December 16, 1997 from the Director of Engineering and Building,
recommending approval of a Resolution supporting the San Joaquin Hills Transportation
Corridor Agency Information and Directional Sign Program.
Mr. Huber, Director of Engineering and Building, made an oral presentation, noting that the
San Joaquin Hills Transportation Corridor Agency had asked the City to provide a resolution
of support.
Adoption of Resolution of Support:
It was moved by Council Member Campbell,
following Resolution be adopted:
seconded by Council Member Hart, that the
RESOLUTION NO. 97-12-16-3. SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY SIGNS - A RESOLUTION
OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING THE SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY INFORMATIONAL AND DIRECTIONAL SIGN
PROGRAM
The motion was carried by the following vote:
AYES: Council Members Campbell, Swerdlin, Hart, Greiner and Mayor Jones
NOES: None
ABSENT: None
Written Communication:
Report dated November 18, 1997 from the City Clerk, advising that the Ordinance was
introduced at the meeting of December 2, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Campbell,
seconded by Council Member Greiner, that the following Ordinance be adopted:
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ORDINANCE NO 805, APPROVING REZONE 97-6 (KAISER
PERMANENTE - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 97-6, AN
APPLICATION TO REZONE AN APPROXIMATELY FOUR -ACRE SITE
ON THE EAST SIDE OF CAMINO CAPISTRANO APPROXIMATELY
800 FEET NORTH OF JUNIPERO SERRA ROAD FROM THE GROWTH
MANAGEMENT (GM) ZONE DISTRICT TO THE COMMERCIAL
OFFICE (CO) DISTRICT (KAISER PERMANENTE)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
Mayor Jones turned the meeting over to Council Member Greiner due to possible conflict of interest.
Council Member Greiner noted that he and Council Member Swerdlin and comprised ;the
committee designated to select representatives from the participating commissions for the Ad
Hoc Committee. Council Member Swerdlin advised that the following commissioners had
been invited, and had agreed, to serve on the Ad Hoc Committee:
Planning Commission: Ed Johnson, Diane Bathgate
Transportation Commission: Bonnie Holt
Parks, Recreation and Equestrian: Ilse Byrnes
Cultural Heritage: Don Tryon
Appointment of Committee:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
carried with Mayor Jones abstaining, to appoint the individuals listed above to the Los Rios
Precise Plan Review Ad Hoc Committee.
•• '•' • •
111M.IX0404iml
a. Orange Cou= vector Control District (560.50
Council Member Swerdlin advised that the Vector of the month is the Eye Gnat.
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3. COUNCIL COMMENTS
Ia. Presentation from Millie Jones (610.40)
Council Member Campbell expressed a desire for a special recognition plaque to be
placed on the case displaying the vase painted and donated by Millie Jones for the
Community Center ground -breaking memorial and requested to be involved in
developing the wording.
b. Moratorium - Fast Food Restaurants (420.30)
Councl Member Greiner, while noting the service provided to the community,
expressed his concern at the proliferation of fast food restaurants in the one -block
area at Del Obispo and Camino Capistrano and their impact on traffic safety and air
pollution. He felt that when the restaurants opened, traffic and air pollution from
idling engines at drive-through windows would worsen. He requested that staff
calendar the initiation of a moratorium on fast food restaurants until such time as a
study on their impacts could be completed. Staff indicated that initiation of a
moratorium would be returned to the Council for review in January.
Council Members Hart and Campbell concurred with the request.
' ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:45 p.m. to the
next regular meeting date of Tuesday, January 6, 1997, at 5:30 p.m., in the City Council Chambers.
Respectfully submitted,
ATTEST:
GIt-J_ONES;'MAYOR
City Council Minutes -13- 12/16/97