98-0421_CC_Minutes_Regular Meeting135
APRIL 21, 1998
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:00 p.m. for the following purposes, as authorized by statute.
Pursuant to Government Code Section 54957, the City Council conducted a personnel session
to evaluate the performance of the City Manager.
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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 Council Member David M. Swerdlin.
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; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and
Building Director; Amy Amirani, Public Works Director; AI King, Community Services Director; Lt.
Paul Sullivan, Chief of Police Services; Gillian E. Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones advised there was no action to report on the Closed Session items.
INTRODUCTIONS. PRESENTATIONS AND DONATIONS
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Written Communications:
' Report dated April 21, 1998, from the City Manager, recommending recognition be given to
Roy Nunn for 13 years of service on the Architectural Review Board, Design Review
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Commission and Planning Commission; and, to Stan Kensic for 5 years of service on the
Parks, Recreation and Equestrian Commission.
Mr. Nunn and Mr. Kensic were both present to receive plaques recognizing them for their
service to the community.
2. PRESENTATION BY EL TORO REUSE PLANNING AUTHORITY (940.30)
Mike Ward, Council Member and past Mayor of Irvine, and Meg Waters, both of the El Toro
Reuse Planning Authority, presented a video of the proposed non -aviation alternative for the
El Toro Marine Base, entitled the Millennium Plan.
Mr. Ward briefly discussed the economic aspects of the proposed plan and noted that of the
4,700 acres available, 2,000 acres would remain as open space. He also noted that the traffic
impact on the surrounding communities from the non -aviation plan would be minimal, in
contrast to that of the proposed airport use, which he felt would have significant impact.
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following persons in attendance: Don Tryon and Bill
Hardy (Cultural Heritage Commission); Bill Sonka (Planning Commission); Mike
Rosenberger (Transportation Commission); Robert Cardoza (Parks, Recreation and
Equestrian Commission); and Joanne De Guevara (Housing Advisory Committee).
4. ACKNOWLEDGMENT OF DONATIONS (150.10)
Mayor Jones expressed the City's appreciation for a donation of $5,000 from Union Bank of
California Foundation to be used to assist with the City's application to the State for the
Community Development Block Grant program.
ORAL COMMUNICATIONS -
(CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS)
None
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
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1. MOTION TO READ ORDINANCES BY TITLE ONLY
' The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
MARCH 17 1998 AND SPECIAL MEETING OF MARCH 24. 1998
The Minutes of the Regular Meeting of March 17, 1998 and the Special Meeting of
March 24, 1998 were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF MARCH 27 1998 AND APRIL 9 1998
300 30)
The List of Demands dated March 27, 1998 in the total amount of $1,060,350.61, and dated
April 9, 1998, in the total amount of $640,336.52, were ordered received and filed.
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
As set forth in the Report dated April 21, 1998 from the Planning Director, the Status Report
of New Development Applications received since the last report submitted to Council on
March 17, 1998, was ordered received and filed.
5. AWARD OF CONTRACT FOR THE 4TH OF JULY AERIAL FIREWORKS
DISPLAY (ZAMRELLI FIREWORKS INTERNATIONALE) (600.30)
As set forth in the Report dated April 21, 1998, the bid for the 4th of July aerial fireworks
display was awarded to Zambelli Fireworks Internationale, in the amount of $10,500 for a
manually -fired display.
6. INITIATION OF AMENDMENT TO THE LAND USE ELEMENT OF THE
CITY'S GENERAL PLAN TO SET FORTH THE DEVELOPMENT DENSITY
AND INTENSITY FOR ALL LAND USE CATEGORIES (CITY OF SAN JUAN
CAPISTRANO)((440.25)
As set forth in the Report dated April 21, 1998 from the Planning Director, the following
Resolution was adopted initiating consideration of an amendment to the Land Use Element
of the City's General Plan:
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138
RESOLUTION NO 98-4-21-1 INITIATION OF GENERAL PLAN
AMENDMENT 98-1. ITEM B - MAXIMUM DENSITY AND INTENSITY
OF DEVELOPMENT FOR ALL LAND USE CATEGORIES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO INITIATING A GENERAL PLAN AMENDMENT TO
THE LAND USE ELEMENT FOR INCLUSION OF A DIAGRAM THAT
SETS FORTH THE MAXIMUM DENSITY AND INTENSITY OF
DEVELOPMENT FOR ALL LAND USE CATEGORIES, TEXT
DESCRIBING SAID LAND USE CATEGORIES AND UPDATE OF
STATISTICAL AND TEXT LANGUAGE TO REFLECT PRESENT
CONDITIONS
The proposed amendment will update the Land Use Element for consistency with
Government Code provisions to include a diagram that sets forth the maximum density and
intensity of development for all land use categories, text describing said land use categories
and an update of statistical and text language to reflect existing conditions.
7. EXTENSION OF CITY MANAGER EMPLOYMENT AGREEMENT (600.30)
As set forth in the Report dated April 21, 1998 from the City Manager, the extension of the
City Manager's employment agreement, which expired on April 18, 1998, was approved for
three years, until April 18, 2001, with all terms and conditions to remain unchanged. A letter
dated April 17, 1998, from Harry C. Schrey, 25811 Avenida Cabrillo, supporting the contract —
extension, was also received.
APPROVAL OF COOPERATIVE AGREEMENT - ORTEGA HIGHWAY
WIDENING. 1-5 NORTHBOUND RAMPS TO RANCHO VIEJO ROAD
(DEPARTMENT OF TRANSPORTATION) (600,50)
As set forth in the Report dated April 21, 1998 from the Director of Engineering and
Building, the Cooperative Agreement No. 12-322 with the Department of Transportation for
the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road was
approved and the Mayor and City Clerk were authorized to execute the Agreement.
PUBLIC HEARINGS
WITHDRAWAL OF REQUEST TO ESTABLISH A GATED NEIGHBORHOOD
(VILLAGE SAN JUAN) (820.90/820.40) (CONTINUED FROM MEETING OF
MARCH 3. 1998
Pr
Consideration of request to withdraw the application to establish a gated neighborhood for
Village San Juan and the corresponding proposal to vacate Village Road.
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Applicant:
Village San Juan Homeowners Association, c/o Sue Cook,
2492 Walnut Avenue, Suite 100, Tustin, Calfiornia 92780
CMC Association Management,
Written Communications:
Report dated April 21, 1998 from the Director of Engineering and Building advising that the
Village San Juan Homeowner's Association had submitted a written request to withdraw their
application due to the difficulty in getting a majority of property owners in agreement
regarding the gate and the street
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, the Public Hearing was declared closed.
Motion to Approve Withdrawal:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried to approve the request to withdraw the application for a gate -guarded
neighborhood and the corresponding proposal to vacate Village Road.
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Council recessed at 7:27 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 7:28 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
CONTINUATION OF RESOLUTION CONFIRMING DENIAL OF REZONE 96-5
FOR PROPERTY LOCATED AT 32731 SAN JUAN CREEK ROAD GENERAL
PLAN AMENDMENT 9503 ARCHITECTURAL CONTROL 96-9
(RF O/ AR / HAUWECKER)(460,20/440.5/410,60) (CONTINUED
FROM MEETING OF MARCH 17. 1998)
Written Communications:
(1) Report dated April 21,1998 from the City Manager supporting a request from Resco
to continue this matter in order to allow sufficient time for the review of the request
for reconsideration and the development of a proposal for City Council consideration.
The Report advised that Resco had developed a site plan showing the development
of a joint public/private tennis facility on City -owned land and had submitted that plan
for review by staff and by St. Margaret's School. Following staff review of the site
plan, cost estimates would be developed and City staff and St. Margaret's School
would develop a proposal for City Council consideration.
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(2) Letter dated April 13, 1998 from Douglas P. Simpson of Resco Self Storage advising
that once completion of the cost estimates and St. Margaret's confirmation of their
commitment to the project, Resco would return to Council with a fully -developed
concept.
The City Manager briefly reiterated the status of the proposal as set out in the written
correspondence.
Council Comments:
Council Member Campbell stated that as far as she was concerned the City's zoning was not
for sale; that the proposal involving the donation of money to construct an alternate
recreational -use area in the City was totally separate from the self -storage application and
would not cause her to change her mind on the original self -storage proposal. Council
Member Swerdlin concurred, stating that the decision on the self -storage application had been
one of land -use and, even if such alternative arrangements were made, he felt there would be
no basis for any change of decision on the self storage facility.
Mayor Jones confirmed that he had supported the self storage project but agreed with Council
Members Swerdlin and Campbell about the current proposal. He had concerns with the
potential linking of the self -storage proposal to the proposal to construct tennis courts as a
basis for reconsidering the self -storage application; that the two proposals should be kept
totally separate.
Council Member Hart also agreed, noting that the new proposal should not be linked with the
self storage project. The new proposal was complex; the City had not evaluated the sale of
the property; neighboring residents had not been informed or given an opportunity to express
their opinions. He also stated that he had not been opposed to the self storage facility but was
concerned about the current proposal.
Motion to Continue:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously, to continue this matter until the City Council meeting of May 19, 1998.
ORDINANCES
None
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a. Southeast Regional Reclamation Authority (1040.60)
Mayor Jones advised that he had attended the Finance Meeting earlier that day,
finances were in good shape.
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b. League of California Cities (,140.20)
Council Member Swerdlin, attending as alternate for Council Member Greiner,
advised that Mr. Herzog had been elected as representative.
C. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin advised that an Executive Workshop had been held to
discuss agenda items for next year and where the Authority should be headed in the
next year. He also reported that the construction of the new facility was scheduled
for completion by the end of December.
d. Orange County Vector Control District (560.50)
The vectors of the month were the 20 different varieties of mosquitoes found in
Orange County.
1. Water Advisory Commission (110.20)
Council Member Swerdlin requested that the opening for Water Commissioner be
readvertised due to lack of response.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:40 p.m. to the
the next regular meeting date of Tuesday, May 5, 1998,,at 5:30 p.m., in the City Council Chambers.
Respectfully submitted,
CHERYL JOHN N, ITY CLERK
ATTEST:
GIL JONES, MAYOR
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