98-0616_CC_Minutes_Regular Meeting201
JUNE 16,1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
A Closed Session was scheduled for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9(c), the City Council will conferwith its Legal
Counsel regarding one matter.
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 OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY MEETING UNTIL 7:00 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 Council Member David M. Swerdlin.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
David M. Swerdlin, Council Member
Wyatt Hart, Council Member
Collene Campbell, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer
Murray, Assistant City Manager; 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; Al King, Community Services Director;
Gillian E. Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones announced that the scheduled Closed Session had been canceled.
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INTRODUCTIONS, PRESENTATIONS AND DONATIONS
RECOGNITION OF CAPISTRANO VOLKSWAGEN'S MAJOR SPONSORSHIP
OF SAN JUAN SUMMER NITES CONCERT #1 FOR JUNE 17, 1998 (610.4 0)
Written Communication:
Memorandum dated June 16,1998 from the Economic Development Administrator advising
that Mr. Miles Brandon, the new owner and operator of Capistrano Volkswagen, had donated
$2,000 to support the first San Juan Summer Nites Concert scheduled for Wednesday,
June 17, 1998 at the Historic Town Center Park. The Report advised that Capistrano
Volkswagen would receive recognition during the first concert and that their business name
had been printed on all promotional materials for the concert.
Mayor Jones presented a Certificate of Appreciation to Miles Brandon and thanked him for
his generous support in helping the Summer Nites program get established.
2. 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; Ed Johnson and Bill Pichler, Planning Commission;
Janice Palermo and Marie Buckner, Housing Advisory Committee; Larry Buchheim, former
Mayor; Al Simmons, Seniors Liaison to the City; Judge Rick Tooey.
3. ACKNOWLEDGMENT OF DONATIONS (150.10)
Mayor Jones acknowledged donations to the City in support of the Volunteer Connection
Day from Wiles Restaurants Inc. (Carl's Jr.) in the form of food coupons, and bottled water
and ice from Farmers Market at Marbella Plaza.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS)
WEED ABATEMENT - CAPO TERRACE MOBILE HOME PARK (540.70)
Ed Parr, 3802 Valle, #119, complained that the management of Capo Terrace Mobile Home
Park had failed to remove deed weeds from the slope below two dozen coaches with exposed
wooden flooring, thus creating a significant fire hazard. The City Manager advised that staff
would address the problem.
2. SADDLEBACK VALLEY CHRISTIAN SCHOOL (515.40)
Eva Crabbs, 31491 Via Santa Maria, expressed concern at the location of the proposed
Saddleback Valley Christian School. She noted the number of children already in the
attending schools in the immediate vicinity and felt the area could not accommodate
additional children and traffic. She felt the staff proposal to look at staggered hours for the
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various schools would be entirely inadequate. She asked that the City Council not approve
' the Saddleback Valley Christian School in that location.
CONSENT CALENDAR
It was moved by Council Member Hart, and 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:
AYES: Council Members Greiner, Hart, Swerdlin, Campbell and Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ ORDINANCES BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
MAY 19, 1998
I
The Minutes of the Regular Meeting of May 19, 1998 were approved as submitted..
3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Status Report on New Development Applications was received and filed.
4. AWARD OF CONTRACT - SLURRY SEAL OF CITY STREETS 1997-1998 (CIP
NO 104) (CALIFORNIA PAVEMENT MAINTENANCE COMPANY) (600.301
As set forth in the Report dated June 16, 1998 from the Director of Engineering and
Building, the contract for slurry seal of City streets 1997-1998 was awarded to the low
bidder, California Pavement Maintenance Company, Inc., in the amount of $90,330.00. The
Mayor and City Clerk were authorized to execute the document on behalf of the City.
AWARD OF CONTRACT - LANDSCAPE MAINTENANCE (1) CITY PARKS;
(2) CITY PARKWAYS/MEDIANS (BOTACO) (600.30)
As set forth in the Report dated June 16, 1998 from the Public Works Director, the following
contracts were awarded to BotaCo, Inc.: (1) Landscape Maintenance - City Parks, in the
amount of $75,600 per year; and, (2) Landscape Maintenance - City Parkways/Medians, in
the amount of $54,700.
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6. ADOPTION OF RESOLUTION CERTIFYING THE CITY'S PAVEMENT
MANAGEMENT PROGRAM AND AUTHORIZATION TO SUBMIT THE
MEASURE M ELIGIBILITY PACKAGE (820.25)
As set forth in the Report dated June 16, 1998 from the Director of Engineering and
Building, the following Resolution certifying the City's Pavement Management Program and
authorizing staff to submit the Measure M eligibility package was adopted:
RESOLUTION NO. 98-6-16-1, CERTIFYING EXISTENCE OF A
PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA CERTIFYING THE EXISTENCE OF A PAVEMENT
MANAGEMENTPROGRAM
ADOPTION OF RESOLUTION. ORANGE COUNTY COMBINED
TRANSPORTATION FUNDING PROGRAM ANNUAL CONSISTENCY
REVIEW, CITY'S MASTER PLAN OF STREETS AND HIGHWAYS AND
COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (820.25)
As set forth in the Report dated June 16, 1998 from the Director of Engineering and
Building, the following Resolution was adopted finding consistency between the City's
Master Plan of Streets and Highways/Circulation Element and the County's Master Plan of _
Arterial Highways in order to maintain eligibility for participation in the Orange County
Combined Transportation Funding Program:
RESOLUTION NO. 98-6-16-2 CONSISTENCY REVIEW FOR
CONFORMANCE WITH COUNTY MASTER PLAN OF ARTERIAL
HIGHWAYS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA CONCERNING THE
STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SAN
JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE
COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS
8. APPROVAL OF CONTRACT EXTENSIONS: (1) LANDSCAPE
MAINTENANCE - LANDSCAPE MAINTENANCE DISTRICTS AND (2)
LANDSCAPE MAINTENANCE - CITY FACILITIES (PRO -TURF) (600.301
(CONTINUED FROM JUNE 2. 1998 MEETING)
As set forth in the Report dated June 16, 1998 from the Public Works Director, two-year
contract extensions were approved with Pro -Turf Landscape Services for landscape
maintenance of the following: Landscape Maintenance Districts in the amount of $28,389
per year; and, City Facilities in the amount of $32,985 per year.
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9. RENEWAL OF CROSSING GUARD CONTRACT WITH ALL CITY
' MANAGEMENT SERVICES (600.30)
As set forth in the Report dated June 16, 1998 from the Chief of Police Services, the
amendment to the Agreement with All City Management Services for the services of three
crossing guards was approved for the school year beginning July 1, 1998 through June 30,
1998 in the amount of $25,834.
10. RENEWAL OF CONTRACT WITH TRAUMA INTERVENTION PROGRAMS,
INC. (600.30)
As set forth in the Report dated June 16, 1998 from the Chief of Police Services, the
Agreement with Trauma Intervention Programs, Inc. to provide volunteer trauma
intervention response to critical incidents in the amount of $3,396.72 was approved.
11. DENIAL OF CLAIM OF BONITA PARKS FOR DAMAGES (170.10)
As set forth in the Report dated June 16, 1998 from the City Attorney, the claim of Bonita
Parks for damages was denied in its entirety.
12. APPROVAL OF LAND USE AGREEMENT WITH ORTEGA PROPERTIES FOR
THE STOCKPILE AT SAN JUAN CREEK (ORTEGA PROPERTIES) (600.30)
' As set forth in the Report dated June 16, 1998 from the Engineering and Building Director,
the Land Use Agreement with Ortega Properties for the use of private property adjacent to
San Juan Creek to stockpile dirt needed for restoration of the Creek banks, and the stockpile
removal and return of the property to its original condition by October 31, 1998, was
approved. Council Member Campbell requested that a letter thanking Ortega Properties be
sent.
13. RECEIVE AND FILE WARRANTS OF JUNE 4, 1998 (300.3 0)
The list of Demands dated June 4, 1998 in the amount of $666,722.86 was ordered received
and filed.
14. APPROVAL OF AMENDMENT NO. 1 TO THE SOUTHEAST RECLAMATION
AUTHORITY PROJECT COMMITTEE 2 AGREEMENT (600.50)
As set forth in the Report dated June 16, 1998 from the Engineering and Building Director,
Amendment No. 1 to the South East Reclamation Authority Project Committee 2 Agreement
was approved. The Amendment provided for the Capistrano Beach Water District's
membership; for transfers of capacity to Capistrano Beach Water District; for verification of
liquids and solids handling capacity; and, for clarification of terms for allocating costs.
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15. APPROVAL OF EXTENSION OF CAPISTRANO VILLAS PARKING
ADMINISTRATION AGREEMENT (WEBB MANAGEMENT) (600.30)
As set forth in the Report dated June 16, 1998 from the Assistant City Manager, the
extension of the existing Agreement with Webb Management to provide for parking
management services for Capistrano Villas overnight parking program for an additional one
year period, through June 30, 1999, was approved.
PUBLIC HEARINGS
ADOPTION OF INTERIM URGENCY ORDINANCE SUSPENDING
PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO ALLOW
PREPARATION AND ADOPTION OF UPDATED GENERAL PLAN
(420.30/440.25)
Proposal:
Consideration of an Interim Urgency Ordinance suspending processing of certain
development applications to allow preparation and adoption of an updated General Plan.
Written Communications:
(1) Report dated June 16, 1998 from the Planning Director advising that at the City
Council meeting of May 19, 1998, the need for a review of the City's General Plan
had been discussed, as well as the need to suspend processing of development
applications of a certain scale in order to avoid compromising the update process.
The Report forwarded an urgency Ordinance suspending the processing of certain
development applications. The Report further recommended a process to conduct the
comprehensive review of the General Plan.
The proposed Interim Urgency Ordinance provided for certain exemptions, including:
(1) projects for which a Vesting Tentative Tract Map has been previously approved;
(2) projects with an approved Tentative Tract Map and for which a mass grading
permit had been issued; (3) residential projects which have an approved
Development Agreement and/or Settlement Agreement; (4) an amendments to the
land use entitlement for certain exempted projects, as long as the amendment does
not increase density or intensity; (5) all new residential subdivisions of 50 or fewer
lots; (6) any new residential application that restricts age of residents to greater than
55 years of age or older; (7) any new residential application that is consistent with the
Senior/Affordable Housing provisions ofthe Municipal Code; (8) all non-residential
and retail projects of less than ten net usable acres; (9) any public institutional use;
(10) continuation of general agricultural operations permitted by the underlying
zoning for a particular parcel. However, the City shall not process any application
submitted under the "Exemption" section in which the applicant seeks only to
subdivide a smaller portion of the entire parcel. Each of these exemptions were
designed to be consistent with existing State regulations.
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(2) Letter dated June 4, 1998 from Terry Barringer, 28424 Avenida LaMancha,
supporting the Interim Urgency Ordinance.
(3) Letter dated June 16, 1998 from Dennis Gage, Concorde Development, opposing the
proposed Interim Urgency Ordinance.
Mr. Tomlinson, Planning Director, made an oral presentation in which he noted that the
existing General Plan, adopted in 1974, contained many of the goals and policies that recent
General Plans now include, such as preservation of natural features that form the character
of a community; growth management provisions; historic preservation; flood plain
management; agriculture preservation; and, preservation of permanent open space. The City
has been implementing the existing Plan for the past 24 years and it has been the foundation
upon which the quality of life in the City is based. The intent of the proposed General Plan
update is to bring all of the Elements current with today's knowledge and understandings,
making refinements to the General Plan vision. It will also assure that the quality of life
issues outlined in the current General Plan will create a sustainable community that balances
the physical development of the City with an understanding of its cultural diversity, while
preserving the financial ability to fund expected levels of services to residents.
Mr. Tomlinson emphasized that the proposed Interim Urgency Ordinance would support and
complement the General Plan update process. He described the type of development
applications that would be affected by the proposed Urgency Ordinance, noting that all
' vacant property would be subject to the Urgency Ordinance unless it fell under one of the
defined exemptions.
George Scarborough, City Manager, for clarification, advised that only three projects would
be affected by the Ordinance: Whispering Hills, Home Depot and the WalMart project.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and
the following persons responded:
(1) Larry Buchheim, 31591 Paseo Don Jose, one of the owners of the property located
at Junipero Serra and Camino Capistrano which had been considered by WalMart,
advised that the WalMart project had been withdrawn. He felt that the City had
adequate controls on development already although there were Elements of the
General Plan that needed to be looked at such as the Circulation Element. He stated
opposition to the proposed Urgency Ordinance.
(2) Richard Hill Adams, 33532 Forster Ranch Road, stated that the City Council had
always had the best interests of the residents at heart and protected the quality of life.
He noted that the City had a well-defined process for development applications,
including reviews by City commissions who provided valuable input to the City
Council. He opposed the proposed Ordinance, also noting that the current process
could control development. However, he supported an update of the General Plan.
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(3) Scott Allen, 19600 Fairchild, Irvine, President of the Orange County Building
Industry Association, spoke in opposition to the proposed Ordinance but supported
a review of the General Plan.
(4) Jack Heath, 26000 Avenida Aeropuerto, a member of the Capo Valley Mobile
Estates Residents Association, spoke in support of the proposed Ordinance, due to
the mobile home park's opposition to the proposed Home Depot development.
(5) Debbie Hope, 30562 Hunt Club Drive, stated her confusion over how such
developments in the City as the concentration of drive-through restaurants were
permitted.
(6) Dr. Mitch Wainwright, 28581 Via Primavera, stated opposition to the proposed
Whispering Hills development, noting it would bring significant traffic into an
already congested area and would negatively affect the quality of life.
(7) Mark Speros, 28482 Via Ordaz, supported the proposed Ordinance and expressed
concern that the proposed Whispering Hills development would make access to
Ortega Highway even more difficult. He asked the City Council to look at and
balance the needs of the community before allowing another development.
(8) William Malcomb, 31301 Via Las Palmas, spoke in support of the proposed
Ordinance and review of the General Plan. He expressed great concern at the
proposed Whispering Hills development which he felt would increase traffic to
unacceptable levels, would adversely affect ridgelines and compound overcrowding
problems at Ambuehl School.
(9) Renee Lacouague Bondi, was introduced by Mayor Jones. She noted that her family
had originally raised oranges on their property and the end of San Juan Creek Road.
However, such activity had ultimately been unable to support the family so their
property had been developed and they had benefitted. She expressed concern that
land her family had donated to the City for open space might be used for
development, possibly a golf course. Mr. Tomlinson, Planning Director, clarified
that the property in question had been developed as a park site on San Juan Creek
Road. The City Manager advised that the Whispering Hills Development was in the
very preliminary stages of review. If the proposed Ordinance was not adopted all
proposals would be carefully reviewed and analyzed. If the Ordinance was adopted,
the Whispering Hills processing would be subject to its provisions.
(10) William Polis, 28181 Las Brisas Del Mar, expressed concern about the Whispering
Hills project and possible pressure to open up Las Ramblas to the freeway. He asked
that if the project goes forward, access roads should be reviewed carefully.
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(11) Mr. Brutaco, 77 Plaza Cuesta, supported the proposed Ordinance, stating that a
' temporary suspension of processing development applications would not hurt
anybody.
(12) Dr. Lon Uso, 31302 Via Las Palmas, a dentist in the City for more than 20 years,
noted that it was not his wish to stop property owners making a reasonable profit on
their property but such profits should not be made at the expense of others.
(13) Julia Jenner, 28691 Paseo Bahia, spoke in strong support of the proposed Ordinance
and expressed concern that the Whispering Hills development might destroy the
ridgelines. She noted her family had moved from the Las Ramblas area due to
construction of the Ocean Point development and was concerned that the same
scenario was repeating itself.
(14) Lisa Hosinski, 28692 Paseo Bahia, noted her experiences when living in Calabasas
and felt the same situation was developing in San Juan Capistrano with consideration
being given to constructing another bridge across San Juan Creek. She noted that in
Calabasas the situation had been prevented due to firefighting and crime
considerations. She asked that the City consider the traffic and crime impact before
allowing another bridge across San Juan Creek.
(15) Anita Richards, 31902 Paseo Sagrado, spoke in support of the proposed Ordinance
' noting her opposition to the Whispering Hills development. She expressed concern
that the proposed project as being presented by the developer was inappropriate and
would contain multiple ridgeline crossings.
(16) Dinah Meek, 28252 Paseo Andante, supported the proposed Ordinance and General
Plan update.
(17) Ernie Schneider, Hunsaker & Associates, 3 Hughes, Irvine, a member of the Building
Industry Association, spoke in support of the General Plan update but opposed the
proposed Ordinance. He noted that the City of San Juan Capistrano had well -
regulated procedures. Any concerns on specific projects, such as Whispering Hills,
could be addressed as part of the normal review process.
(18) Nick Camarda, General Counsel, Building Industry Association, opposed the
proposed Ordinance, noting that in order to adopt such an ordinance, there needed to
be immediate threats to the health, safety and welfare of the residents. He felt that
the concerns expressed did not appear to be an immediate threat. He noted also that
such a suspension would force development into surrounding communities but traffic
and other aspects of life in the City would still be impacted.
(19) Tim Bolen, 31103 Rancho Viejo Road, spoke in opposition to the proposed
' Ordinance particularly since it would oppose a moratorium on only 8% of the land
left to develop in the City. He noted that suspending development would cost the
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210
City considerable in lost revenue and jobs. He stated strong support for the General
Plan review and update.
(20) Philip Schwartze, 31682 El Camino Real, felt the proposed Ordinance was
unnecessary and counterproductive to the General Plan update process. He
recommended the City issue a Request for Proposal and proceed with the update,
including an EIR, traffic model and fiscal study. He further recommended that any
project over 10 usable acres ready for entitlement be reviewed, which would include
Whispering Hills and the Buchheim property; and, that any other properties be
required to prepare a Specific Plan.
(21) Mike Leonard, 21 Proza, Irvine, founder of a coalition of Homeowners Groups and
Executive Director of a Non -Profit Organization that builds and renovates shelters
for women and children, commended the involvement of citizens in the process. He
explained that members of the building industry had contributed over $12,000,000
in in-kind donations to his organization and that they were apro-community industry.
He opposed the proposed Ordinance but supported the General Plan update.
(22) David Belardes, 31742 Via Belardes, spoke in support of the General Plan review,
noting that the goal should be to make the City better for all.
(23) Ken Salverson, 28391 Avenida LaMancha, spoke in support of the Interim Urgency
Ordinance and General Plan update, stating that it was needed in order to take the
time to assess the City's future direction.
(24) Eva Crabbs, 31491 Via Santa Maria, supported both the Ordinance and the General
Plan review, citing an inadequate infrastructure and overcrowded schools. She stated
that she would like developers to voluntarily join the suspension of applications to
allow a pause in development. She noted that economic and personal safety was at
stake and the whole permit process should be examined.
(25) David Constand, 842 W. Las Palmas, Fullerton, told the City Council that he hoped
to become a resident of San Juan Capistrano in the future because of its uniqueness.
The City's decision not to build on ridgelines was history -making for the State of
California. He asked that the Council take a long, slow look at the future and
commended them for the magnificent job done to date.
(26) Ed Richards, 31902 Paseo Sagrada, spoke in support of the proposed Ordinance,
noting overcrowded schools and clogged streets. He urged the Council to vote for
the suspension.
There being no further response, the Public Hearing was declared closed.
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RECESS AND RECONVENE
Council recessed at 8:45 p.m. and reconvened at 8:52 p.m.
Council Comments:
Council Member Campbell addressed the Whispering Hills project, noting that it was at the
very beginning stages, an Environmental Impact Report had not been prepared and Council
had not seen it. She stated that the City Council had never let people down and there was no
need to panic over rumors. She pointed out that the General Plan has worked and developers
know what the expectations are to build in the City; further, the City Council plans to keep
the character of the City, which is the result of the vision of the current General Plan She did
agree, though, that there was a need for an update of the General Plan at this time. She
emphasized that the City Council cares about the City as much as its residents do.
The City Manager provided a status of the Whispering Hills development, noting that it was
just beginning the formal review process. Statements made by the developer represented his
interest, not that of the City. He indicated that the proposed Ordinance was not about
Whispering Hills, but rather about a General Plan update. The Ordinance would stop large
development from continuing processing to assure that the update does not result in
inconsistencies with development being processed, and further to assure that developers do
not go ahead with development that may not be supported; i.e., certain road connections.
' Council Member Greiner said that he understood the emotions of the homeowners and
stressed that City Council Members live in the City and have the same concerns as other
residents. The General Plan had served the City well, but was now in need of updating. He
also pointed out that the building industry was not the enemy and had a job to do. He
addressed concerns relating to the Whispering Hills development, noting that the developer's
representations were not necessarily what would ultimately happen; i.e., road connections
and a golf course. He assured everyone that the City Council would maintain the historic
nature of the City and protect its ridge lines.
Council Member Swerdlin concurred with Council Members Campbell and Greiner and
noted that, despite being born and raised in Honolulu, Hawaii, he would always choose to
reside in San Juan Capistrano. Because of the City's General Plan, there had been very
controlled growth and the small town feel had been maintained. He noted, too, that the
growth of surrounding communities had greatly impacted the City. Although he agreed that
the General Plan needed to be updated, he expressed concern at the expense of hiring
consultants from reserve funds when those funds should be accumulating for the next
downturn of the economy. He expressed concern for the balance of property rights. He also
expressed concern at the fiscal impact to the City if the proposed Ordinance remains in place
for too long. He requested staff provide what type of options are available as far as the
Ordinance is concerned and when it might no longer be justified in terms of updating the
General Plan. He noted that there were many prior entitlements that had been waiting for a
' better economy and were now being built.
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Council Member Hart stated that he was in favor of a delay in development, noting that the
Ordinance would be effective only 45 days unless extended. He felt he needed insight to
help balance the rights of all and needed updated information in order to make decisions.
The General Plan needed to be updated to address the current conditions; i.e., when the
General Plan written in 1974, the City was surrounded by farmland. Now, it was surrounded
by communities twice the size of San Juan Capistrano, and those communities have
significant impacts on traffic circulation and the social structure of the City.
Mayor Jones noted that his colleagues had eloquently expressed his feelings and he would
support the staff recommendation. He encouraged staff to bring back facts about the costs
of the review of the General Plan and assured those in attendance that the City Council cared
about the community and such a review would be positive for the community.
Council Member Swerdlin asked about the timing of the suspension. Mr. Scarborough, City
Manager, advised that staff would come back to the City Council in 45 days. At that time,
the Council could decide whether to extend the Ordinance. Staff would provide costs for the
update, the impact on current City priorities and the scope of study for the consultants.
Adoption of Interim Urgency Ordinance
The City Clerk read the title of the Interim Urgency 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 Hart that the following Interim Urgence Ordinance
be introduced: --
URGENCY ORDINANCE NO. 817, SUSPENDING THE PROCESSING
OF CERTAIN DEVELOPMENT APPLICATIONS TO CONDUCT A
REVIEW AND UPDATE OF THE GENERAL PLAN - AN INTERIM
URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA SUSPENDING THE PROCESSING OF CERTAIN
DEVELOPMENT APPLICATIONS IN ORDER TO CONDUCT A
COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S ADOPTED
GENERAL PLAN AND THE NEED TO INSURE THAT DEVELOPMENT
APPLICATIONS ON LARGE VACANT PARCELS ARE NOT
CONSIDERED DURING THIS INTERIM PERIOD TO INSURE LONG-
TERM LAND USE OPTIONS REMAIN AVAILABLE TO CREATE,
MAINTAIN AND SUSTAIN A BALANCED AND VIABLE
COMMUNITY BASED UPON THE FINDINGS THAT SUCH INTERIM
REGULATIONS ARE NECESSARY TO PROTECT THE PUBLIC'S
HEALTH, SAFETY AND WELFARE
The motion carred by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and MayorJones
NOES: None
ABSENT: None
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2. APPROVAL OF AUTHORIZATION TO ASSESS CHARGES, CITY
LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485, 7673,
9373/7654 AND CAPISTRANO ROYALE (3L 45.20)
Proposal:
Consideration of proposed annual assessments for the subject City Landscape Maintenance
Districts.
Written Communication:
Report dated June 16, 1998 from the Director of Public Works advising that a public meeting
had been held on May 4, 1998 to receive comments regarding the proposed assessments,
which will remain at the same level as last year. The Report advised that increased
assessments would be needed for 1999-2000 to cover anticipated district costs over the next
five years and with the passage of Proposition 218, those assessments would have to be
approved by property owners.
Amy Amirani, Director of Public Works, made an oral presentation noting that some
homeowners had requested an increase in charges so that the level of service could be
increased.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
' being no response, he declared the Public Hearing closed.
Resolution Confirming Costs:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin that
the following Resolution be adopted confirming the following budgets for the six Landscape
Maintenance Districts and authorizing the County Assessor's Office to include the charges
on the Property Tax Roll:
$ 557 per home
$ 360 per home
$ 290 per home
$ 200 per home
$ 80 per home
$1,110 per home
- Tract 9284 (Seaview)
- Tract 9382 (Belford Terrace)
- Tract 8485 (Mission Springs)
- Tract 7673 (Mission Woods)
- Tract 9373/7654 (Los Corrales)
- Capistrano Royale
RESOLUTION NO 98-6-16-3 CONFIRMING COST REPORT - 1998
LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485,
7673 9373/7654 AND CAPISTRANO ROYALE) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA CONFIRMING THE COST REPORT FOR 1998
LANDSCAPE MAINTENANCE DISTRICTS CHARGES IN THE CITY OF
' SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 9373/7654
AND CAPISTRANO ROYALE)
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The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
REVIEW OF FISCAL YEAR 1998-1999 OPERATING BUDGET (330.20)
Proposal:
Public Hearing to receive public input and continue discussions regarding the Fiscal Year
1998-99 Operating Budget.
Written Communication:
Report dated June 16, 1998 from the Administrative Services Director advising that City
wide revenues for Fiscal Year 1998-99 were expected to increase by $221,000 or 1.89%.
The largest single increase in General Fund revenue was from sales tax. Those revenues are
expected to increase by 8.1%. Other general revenues anticipated to increase are derived
from property taxes, franchise fees, business license tax and motor vehicle licensing fees.
The Report noted that the largest expenditure increase is in the area of Police Services, based
on cost increases to the City's existing contract and projected costs associated with Sheriff's
department personnel negotiations for Fiscal Year 1998-99.
Cynthia Pendleton gave an oral presentation.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, it was moved by Council Member Campbell, seconded by Council
Member Hart and unanimously carried that the Public Hearing regarding the Fiscal Year
1998-99 Operating Budget be continued to the Public Hearing of July 7, 1998.
REVIEW OF CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM.
1998-2005 (330.40)
Proposal:
Public Hearing to consider the 1998-2005 Capital Improvement Program, take testimony and
continue discussions to the Public Hearing of July 7, 1998.
Written Communication:
Report dated June 16, 1998 from the Director of Engineering and Building summarizing the
seven-year program and highlighting a few of the projects included for 1998-99 CIP that are
of special interest or concern in the community, including the Tennis Courts at La Novia and
San Juan Creek Road, the Paseo Adelanto extension, the Downtown Lighting project, Ortega
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Noise mitigation, Sports Park Community Center and Gymnasium and Northwest Open
' Space Phase 1.
William Huber, Director of Engineering and Building, made an oral presentation in which
he noted that the seven-year program is a long-range planning tool for the City. He advised
that the entire program consisted of 238 different projects with a total cost of $45,000,000.
The 1998-99 portion consisted of 70 projects for a total cost of $14,000,000.
Council Questions:
Council Member Swerdlin asked if the resurfacing of the tennis courts on Camino Capistrano
had been considered. Mr. Scarborough, City Manager, responded that staff would provide
a written update on that issue prior to the July 7, 1998 Council meeting.
Continuation of Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, it was moved by Council Member Hart, seconded by Council
Member Greiner and unanimously carried that the Public Hearing be continued to the
meeting of July 7, 1998.
ITEM HEARD OUT OF ORDER
Mayor Jones advised that the following item would be heard out of Agenda order:
I
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF REQUEST FOR WAIVER OF FEES FOR STONERIDGE
HOMEOWNERS ASSOCIATION LANDSLIDE REPAIR (390.30)
Written Communication:
Report dated June 16, 1998 from the Director of Engineering and Building recommending
that the City approve a fee waiver from the City's normal fixed fee schedule to allow
homeowners to pay only the actual cost to the City to perform the grading plan checking and
grading inspection, together with any out-of-pocket expenses for outside Geotechnical
consultants, not to exceed the established fee schedules. A significant slope failure had
occurred approximately two years ago within the Stoneridge development, involving the rear
yards of five homes. The homeowners were in the process of developing a grading plan with
the intention of undertaking remedial grading within the next few months. The estimated
cost of the grading is $2,000,000 with total costs to be borne by the homeowners. As a result
of these costs, the homeowners had asked that the City waive all fees associated with the
grading plan checking and the inspections.
' Mr. Huber made an oral presentation, noting that staff had reviewed past practices and had
found two cases where structures were involved and persons had been displaced. In those
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cases fees had been waived, except for out-of-pocket costs. In a prior case where a structure
was not damaged, a modified fee structure to pay City costs was imposed. The staff
recommendation was consistent with past practices.
Motion to Approve Fee Waiver:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
carried unanimously, to approve a fee waiver from the City's normal fixed fee schedule such
that homeowners pay only the actual cost to the City to perform the grading plan checking
and grading inspection, together with any out-of-pocket costs for outside Geotechnical
consultants, not to exceed the established fee schedule.
RECESS AND RECONVENE
Council recessed at 9:40 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and Capistrano Valley Water District and reconvened at 9:50 p.m.
ADMINISTRATIVE ITEMS (Cont.)
CITY MANAGER
RECEIVE COMMUNITY ORGANIZATIONS FUNDING REQUESTS AND
SELECTION OF COUNCIL SUBCOMMITTEE FOR COMMUNITY GRANT
FUNDS (330.20)
Written Communication:
Report dated June 16, 1998 from the Assistant City Manager, summarizing the funding
requests received from Community Organizations for Fiscal Year 1998-99. The proposed
budget for Fiscal Year 1998-99 reflected an allocation of $47,000 to assist community
organizations. Staff noted that any allocation of funds in excess of that amount would
necessitate a re -prioritization of other programs and activities. The Report recommended
that a subcommittee be designated to work with staff on funding recommendations.
Jennifer Murray, Assistant City Manager, provided an oral presentation.
Public Comments:
(1) Melba Jones, representing the Storytelling Festival, spoke in support of their request
funds to provide the Festival Tent.
(2) Linda Hunter, representing CSP Youth Center, spoke in support of their request and
thanked the City for its support in prior years.
(3) Dan Hicks, representing SOC Communities Service Council, spoke in support of
their request and advised that the organization provided information and referrals for
human services.
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Nomination of Subcommittee
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
carried unanimously, that Council Members Hart and Swerdlin be selected to serve as the
subcommittee to review requests and make recommendations.
2. APPROVAL OF FIFTH AMENDMENT TO LAW ENFORCEMENT SERVICES
CONTRACT (600.50)
Written Communication:
Report dated June 16, 1998 from the City Manager advising that the proposed Fifth
Amendment to the 5 -year Law Enforcement Services Agreement between the City and the
County of Orange provided for continuation of Sheriff services to the City during Fiscal Year
1998-99. The Agreement described the quantities of patrol/traffic services, investigation
services, supervision, administrative and support services, commercial vehicle inspection and
enforcement, community-based policing, motorcycle enforcement and parking control that
would be provided during the next fiscal year. The proposed contract did not include staffing
or service level increases. The cost increase was 6.09%, due largely to negotiated increases
in salary and benefits and an overall increase in operating costs.
George Scarborough, City Manager, made an oral presentation. In response to Council
Member Greiner, he advised staff would provide a comparison of the percentages of budget
funding and per capita spending versus crime rates in other cities.
' Approval of Five -Year Law Enforcement Services Agreement:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously that the Fifth Amendment to the Law Enforcement Services Agreement in the
amount of $3,434,340 be approved.
APPROVAL OF SELECTION OF PROVIDER FOR EMERGENCY MEDICAL
TRANSPORTATION AND RELATED SERVICES (MEDIX AMBULANCE
SERVICE, INC.) (600.3
Written Communications:
(1) Report dated June 16, 1998 from the Assistant City Manager advising that on
February 3, 1998, the City Council approved the establishment of an Advanced Life
Support rate for the City, approved the Orange County Fire Authority to issue a
Request for Proposal for ambulance services in the City and directed the Fire
Authority to return with recommendations for contract selection for an emergency
medical transportation provider. The selection process was now completed and staff
recommended that a contract be awarded to Medix Ambulance Service to provide
emergency medical transportation and related services to the City.
(2) Letter dated June 12, 1998 from Michael J. Dimas, President, Medix Ambulance
' Service expressing pride and honor at having been able to serve the City of San Juan
Capistrano and requesting that Medix again be selected.
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Jennifer Murray, Assistant City Manager, made an oral presentation in which she noted that
a numeric rating of the proposals received Medix and Doctor's Ambulance Service, had been
reviewed and both were very good. Although the Fire Authority had recommended Doctor's
Ambulance Services, staff recommended Medix because they had provided good service to
the City since 1986, and had been involved in the life of the City.
Public Comments:
Joanna Dimas, owner of Medix, told the City Council that they were happy to serve the City
of San Juan Capistrano and would continue to support the community.
Selection of Provider for Emergency Medical Transportation:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
carried unanimously, that Medix Ambulance Service, Inc. be selected to provide emergency
medical transportation and related services in San Juan Capistrano for a three-year term
ending on June 30, 2001, with an option to extend for up to thee years upon compliance with
certain conditions and that the City Manager be authorized to execute the agreement for
services.
ENGINEERING AND BUILDING DIRECTOR (CONTINUEDI
2. APPROVAL OF RESOLUTION ACCEPTING GRANT DEED FOR STREET
RIGHT-OF-WAY FROM THE COMMUNITY REDEVELOPMENT AGENCY
FOR THE EXTENSION OF PASEO ADELANTO FROM DEL OBISPO STREET
TO RAMOS STREET (670.50)
Citing a potential conflict of interest relating to the proximity of his business/residence to this item,
Mayor Jones advised he would abstain on this item.
Written Communication:
(1) Report dated June 16, 1998 from the Director of Engineering and Building, advising
that Paseo Adelanto has been designed to be constructed from Del Obispo Street to
Ramos Street. The street will cross four parcels owned by the Agency. The Report
recommended offering street right-of-way to the City so that on completion of
construction, Paseo Adelanto would be a public street.
(2) Memorandum dated June 9, 1998, from the Engineering and Building director,
advising that rather than offering an easement to the City, the property would be
deeded to the City.
Mr. Huber, Director of Engineering and Building, made an oral presentation.
Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Resolution accepting Grant Deeds for street right-of-way from the Community
Redevelopment Agency be adopted; authorizing the Mayor pro tem to accept the Grant
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219
Deeds on behalf of the City and authorizing the City Clerk to forward the documents for
recordation be approved:
RESOLUTION NO. 98-6-16-4 ACCEPTING GRANT DEEDS FOR
STREET RIGHT-OF-WAY - PASEO ADELANTO EXTENSION, DEL
OBISPO STREET TO RAMOS STREET - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
ACCEPTING GRANT DEEDS FROM THE COMMUNITY
REDEVELOPMENT AGENCY FOR STREET RIGHT-OF-WAY FOR THE
EXTENSION OF PASEO ADELANTO FROM DEL OBISPO STREET TO
RAMOS STREET
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell and Mayor pro tem
Greiner
NOES: None
ABSTAIN: Mayor Jones
ABSENT: None
COMMUNITY SERVICES DIRECTOR
' 1. APPROVAL OF BUDGET REQUEST PROPOSAL - CHOICES FOR LIFE AFTER
SCHOOL PROGRAM MARCO FORSTER MIDDLE SCHOOL (330.20)
Written Communication:
Report dated June 16, 1998 from the Community Services Director advising that, as a result
of the San Juan Community Task Force Youth Forum, a youth steering committee,
comprised of members of the business community, school district, Sheriff's Department,
service organizations and City staff, has been meeting to develop strategies and conduct
program assessments for better meeting the need of the community's youth.
A major concern was the lack of transportation for youth to access existing programs and
services within the community. The steering committee identified that the grant -funded
Choices for Life program, held after school at Marco Forster Middle School, could expand
if additional transportation and staff were available. Under a proposed partnership with the
School District, the School District would fund staff costs for two teachers and adjust their
transportation schedule to make available an additional late bus. The City would fund
staffing costs for three recreational leaders and the operating expenses for the bus.
Mr. King made an oral presentation, noting that it was a high priority for the City to enter
into a partnership relationship with the schools. He worked closely with Jim Seeger,
' Principal at Marco Forster Middle School, for taking this idea to the Capistrano Valley
School District Board of Trustees.
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220
Public Comment:
(1) Judith Brass, Chairman of the Youth Steering Committee, advised that eleven
members of that Committee were present at the meeting in support of this
application. She noted that they were all committed to the youth of the community
and urged approval of this proposal.
Approval of Budget Request:
It was moved by Council Member Greiner, seconded by Council Member Swerdlin, and
carried unanimously, to approve an addition of $12,119 to the Community Services Fiscal
Year 1998-99 budget to expand transportation and staffing components.
2. APPROVAL OF COMMUNITY SERVICES DEPARTMENT FISCAL YEAR
1998-99 SUPPLEMENTAL BUDGET REQUEST FOR NEW PROGRAM
EXPANSION (330.20)
Written Communication:
Report dated June 16, 1998 from the Community Services Director advising that, during the
development of the Fiscal Year 1998-99 budget request, the department had identified two
new programming areas for Council's consideration, as well as a recommendation to
discontinue an existing program. One new program proposed was a Senior Citizens Dinner
Dance for the 50+ age group. This event would be a partnership between the City, local
nonprofit organizations, service providers who specialize in senior program services and the
private sector. Sponsorship donations, fundraising contributions and ticket sales to the event
would offset the projected cost. Members of the senior community have expressed great
interest in this new program, which would be conducted in the new Community Hall at the
City's Community Center. The second program proposed an Early Childhood Development
program component, in response to requests from parents of preschool -age children. The
department recommended that costs for these programs be recovered fully through
participant fees. The Report further recommended that the Equipment Loan program be
discontinued upon opening of the new Community Center due to its competitiveness with
the private sector.
Council Member Swerdlin stated that he would like to review the early childhood
development programs in three months to determine if they impact the private sector. Mr.
King advised that there was no intention to duplicate or compete with programs in the private
sector.
Approval of Supplement Budget Request:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously, that the Senior Citizen Dinner Dance at a cost of $3,407 and the Early
Childhood Development Program at a cost of $9,538 be authorized in the Fiscal Year 1998-
99 budget and that the equipment loan program be discontinued with the completion and
opening of the Community Center. The Early Childhood Development Program was to be
reviewed in three months for potential impact on private businesses.
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-20- 6/16/98
221
CITY ATTORNEY
' I. APPROVAL OF AMENDMENT TO TITLE 8 CHAPTER 12 OF THE
MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND
DILAPIDATED SIGNS (450.30)
Written Communication:
Report dated June 16, 1998 from the City Attorney recommending the introduction of an
ordinance amending Municipal Code subsection 8-12.05(b) for the purpose of making it clear
that a property owner and/or lessee may not allow signs on the property to fall into a state of
disrepair.
Mr. Shaw, City Attorney, advised that this was a clean-up item for the Municipal Code to
give the City additional Code enforcement leverage regarding signs.
Introduction 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 Swerdlin,
seconded by Council Member Hart, that the following Ordinance be introduced:
AMENDING TITLE 8. CHAPTER 12 OF THE MUNICIPAL CODE -
PROPERTY MAINTENANCE AND DILAPIDATED SIGNS - AN
' ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SUBSECTION 8-12.05(b) OF CHAPTER 12,
"PROPERTY MAINTENANCE," OF TITLE 8, "BUILDING
REGULATIONS" OF THE MUNICIPAL CODE RELATING TO
PROPERTY MAINTENANCE AND DILAPIDATED SIGNS
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
ADMINISTRATIVE SERVICES DIRECTOR
ADOPTION OF RESOLUTION AWARDING CITY OF SAN JUAN
CAPISTRANO SERIES "A" OF 1998 GENERAL OBLIGATION REFUNDING
BONDS (OPEN SPACE PROGRAM) (340.20)
Written Communication:
' Report dated June 16, 1998 from the Administrative Services Director advising that on
May 19, 1998, the City Council had authorized the issuance of City of San Juan Capistrano
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222
Series "A' of 1998 General Obligation Refunding Bonds (Open Space Program) in the
amount not to exceed $18,500,000 for park, agricultural, open space and related uses. Due
to the interim urgency ordinance to restrict certain building development applications within
the City, the bond counsel had recommended the sale be suspended to June 16, 1998, and the
information disclosed to underwriters.
Cynthia Pendleton, Administrative Services Director, gave an oral presentation advising that
an anticipated $1,000,000 in savings had been projected. As a result of the bid opening, the
savings would be $2,700,000, or $7.75 per year to each homeowner. The successful bidder
was Paine Webber in the amount of $18,155,000.
Adoption of Resolution:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that
the following Resolution awarding the bonds to Paine Webber in the amount of $18,155,000
be approved:
RESOLUTION NO. 98-6-16-5, AWARDING SERIES A OF 1998
GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE
PROGRAM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA AWARDING SERIES A OF
1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE
PROGRAM) IN THE PRINCIPAL AMOUNT OF $18,155,000 TO PAINE
WEBBER AND REJECTING ALL OTHER BIDS AND RATIFYING ALL --
ACTIONS OF THE STAFF HERETOFORE TAKEN (PAINE WEBBER,
INC.)
The motion carried by the following vote:
AYES: Council Member Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
ORDINANCES
1. APPROVAL OF REZONE 97-9 (WESELOH CHEVROLET/HONDA) 460.20)
ADOPTION)
Written Communication:
Report dated June 16, 1998 from the City Clerk advising that the Ordinance was introduced
at the meeting of June 2, 1998 and was scheduled for adoption.
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223
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 Hart,
seconded by Council Member Swerdlin, that the following Ordinance be adopted:
ORDINANCE NO. 818 APPROVING REZONE 97-9 - WESELOH
CHEVROLET/HONDA- AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING REZONE 97-9 TO CHANGE
THE CURRENT ZONING DESIGNATION ON PROPERTY KNOWN AS
ASSESSOR'S PARCEL NUMBERS 121-240-19,121-240-74 AND 121-
254-41 FROM PLANNED DEVELOPMENT (PD) TO COMMERCIAL
MANUFACTURING (CM) AND AMENDING THE CITY'S OFFICIAL
ZONING MAP TO REFLECT THE CHANGE (WESELOH CHEVROLET/
HONDA - NORTHWEST CORNER OF CAMINO CAPISTRANO AND
STONEHILL DRIVE)
The motion carried by the following vote:
AYES:
Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES:
None
ABSENT:
None
' 2. APPROVAL OF REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1(RESCO
DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) (460.20)
(ADOPTION)
Written Communication:
Report dated June 16, 1998 from the City Clerk advising that the Ordinance was introduced
at the meeting of June 2, 1998 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 Hart,
seconded by Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO. 819 APPROVING REZONE 96-5 AND ADOPTING
SPECIFIC PLAN 97-1 (RESCO DEVELOPMENT/SHURGARD
STORAGE/SCHAUWECKER) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 96-5
AND ADOPTING SPECIFIC PLAN 97-1 FOR A 92,165 -SQUARE -FOOT
SELF -STORAGE FACILITY TO BE LOCATED ON A 2.435 -ACRE
PARCEL OF LAND AT 32731 SAN JUAN CREEK ROAD (RESCO
' DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER)
The motion carried by the following vote:
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224
AYES: Council Members Greiner, Hart and Mayor Jones
NOES: Council Members Campbell and Swerdlin
ABSENT: None
COUNCILMANIC ITEMS
Additional Item:
APPROVAL OF REVISIONS TO CALTRANS COOPERATIVE FUNDING
AGREEMENT 12-322 -ORTEGA HIGHWAY I-5 TO RANCHO VIEJO ROAD
(600.50
)
Written Communication:
Report dated June 11, 1998 from the Director of Engineering and Building advising that
Caltrans had asked for several changes to the Cooperative Funding Agreement for the
widening of Ortega Highway between I-5 and Rancho Viejo Road, which had been approved
by the City Council on April 21, 1998. The financing revisions would not affect the total
cost to the City of $569,800. The revisions need to be approved prior to July 1, 1998 or
Caltrans would lose their funding. This is a significant project to the City and staff requested
that the City Council add this item to the June 16, 1998 Agenda by a four-fifths vote and that
the Council approve the revised Agreement.
Motion to A¢endize:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried that this item had not been available prior to publication of the agenda
and consideration was necessary at this time.
Approval of Revisions:
It was moved by Council Member Greiner, seconded by Council Member Campbell, and
unanimously carried, that the revisions to the Caltrans Cooperative Funding Agreement be
approved as recommended.
ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell noted that additional landscaping allocated to San Juan
Capistrano would be planted soon.
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225
b. San Juan Basin Authority (1050.60)
Mayor Jones noted that a meeting had been held this date with discussions of
permits. He advised that the Capistrano Beach Water District was on board and
things were going well.
C. League of California Cities (140.20)
Council Member Greiner advised that there had been a meeting on June 11 at which
Vehicle License fees had been discussed.
d. Library Advisory Board (950.20)
Council Member Greiner noted that discussion had been held regarding the concept
of an additional $100 per unit development fee for newly -constructed homes to
support new libraries in areas where they were needed or to provide
equipment/books/staff at existing libraries. He suggested future Council
consideration.
e. Orange County Waste Management Commission (810.10)
Council Member Greiner noted that there had been discussions regarding a new
' location for the South Orange County Household Hazardous Waste facility.
f. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that a discussion would be held regarding a
proposal to withdraw from the Africanized Honeybee Response Team in order to
fund four technician positions. The vector of the month was the mosquito.
COUNCIL COMMENTS
SUSPENSION OF CERTAIN DEVELOPMENT APPLICATIONS (440.25)
Council Member Campbell requested that staff proceed as quickly as possible on this matter;
Council Member Swerdlin concurred.
2. LAST MINUTE INFORMATION (610.30)
Council Member Campbell expressed concern that last-minute information and documents
submitted to the Council could not be properly reviewed and requested consideration of a
policy that items not submitted within a reasonable time frame would not be considered as
part of the record. Mr. Scarborough, City Manager, advised that such a policy would be
' considered. Council Member Hart expressed his agreement also.
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226
SWALLOWS (500.3 0)
Council Member Campbell noted that swallows had built a nest at her new residence and
the nest was now being used by other birds.
4. SAN JUAN SUMMER NIGHTS (,150.60)
Mayor Jones invited attendance at the first San Juan Summer Nights concert to be held at
Town Center Park on Wednesday, June 17, 1998.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:40 p.m. to the
next regular meeting date of Tuesday, July 7, 1998, at 5:30 p.m., in the City Council Chambers.
Respectfully submitted,
-- CHERYL JOtMSOW, CITY CLERK
ATTEST:
I, JONES. MA`
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