97-0304_CC_Minutes_Regular MeetingMARCH 4, 1997
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 5:00 p.m. in the City Council Chamber for Closed Session.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Cheryl
Johnson, City Clerk.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 5:00 p.m., with the City Clerk excused therefrom, for:
' 1. Conference with Real Property Negotiator per Government Code Section 54956.8 for an
update regarding the status of negotiations for sale of the property known as Assessor's
Parcel No. 649-361-02, with Grubb and Ellis, negotiating party; and
2. Conference with Legal Counsel per Government Code Section 54956.9(b)(2)(E), regarding
Robert King's appeal of the Negative Declaration Determination for the Resco development.
RECESS AND RECONVENE
Mayor Swerdlin indicated there were no actions to report on any Closed Session items.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Ryan Newman, Youth Minister at St. Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
I
ABSENT: None
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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; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Joe Arrahaga, Public Lands and Facilities Director; Al King, Jr., Community
Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary.
DEDICATION OF MEETING
Mayor Swerdlin announced that the meeting was dedicated to the memory of Mrs. Sho Kinoshita,
who passed away on Saturday, March 1, 1997. She was the wife of Sanji Kinoshita and mother of
Shig and Bobby Kinoshita, and the family is recognized for their support of agriculture in the
community since 1955.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
PROCLAMATION DESIGNATING FEBRUARY 1 THROUGH APRIL 30, 1997,
AS FIESTA DE LAS GOLONDRINAS (610.40)
Written Communication:
Report dated March 4, 1997, from the City Clerk, forwarding the Proclamation and
summarizing the schedule of activities during the Fiesta celebration.
Approval and Presentation of Proclamation:
Mayor Swerdlin read the Proclamation in full. The Proclamation was presented to Jeff
Schroeder, President of the Fiesta Association, who expressed appreciation to the Council
and City staff for their support.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following Commission representatives in attendance:
Bill Sonka and Ed Johnson (Planning Commission), Pauline Leonard (Parks, Recreation, and
Equestrian Commission), David Belardes and Don Tryon (Cultural Heritage Commission),
Maryrose Winkler (Mobile Home Park Review Committee), Jessica Dean, Janice Palermo,
and JoAnn deGuevara (Housing Advisory Committee), Tom Facon (Chamber of Commerce),
and AI Simmons (seniors liaison to the City).
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
COMPLAINTS - CAPISTRANO TERRACE SEWER SYSTEM (450 701
Frank Orlik, 32802 Valle Road, Space 141 (Capistrano Terrace Mobilehome Park), submitted
copies of his letter dated March 4, 1997, to the City requesting assistance in resolving the
problem of raw sewage emptying into the storm drains at his mobilehome park. He stated
that a record of the park's plumbing repairs would prove the extent of the damage from roots
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to the park's sewer system. For example, he cited that on March 10, 1996, raw sewage from
' 60-70 mobilehomes emptied into the park's storm drain for about 10-12 hours before the
break, which was caused by large tree roots, was repaired by plumbers.
Mr. Scarborough indicated he would meet with Mr. Orlik and keep him informed of the City's
investigation into this matter. Mayor Swerdlin requested that the Council be kept apprised
of any actions taken.
2. TASTE OF SAN JUAN (150.60)
Rita Tanner Propersi announced that the Taste of San Juan Capistrano held two weeks ago
was a complete success. She expressed appreciation to Mayor Swerdlin, the City Manager,
and Mechelle Lawrence for their assistance and participation.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Hart, 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, Jones, and
Mayor Swerdlin
' NOES: None
ABSENT: None
MOTION TO READ ORDINANCE BY TITLE ONLY
The reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
a. Special Meeting of February 3- 1997
The Minutes of the Special Meeting of February 3, 1997, were approved as
submitted.
b. Adiourned Regular Meeting of February 4- 1997
The Minutes of the Adjourned Regular Meeting of February 4, 1997, were approved
as submitted.
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C. Regular Meeting of February 4. 1997
The Minutes of the Regular Meeting of February 4, 1997, were approved as
submitted.
RECEIVE AND FILE WARRANTS OF FEBRUARY 12 1997 (300,30)
The List of Demands dated February 12, 1997, in the total amount of $217,957.62 was
received and filed.
4. AWARD
OF CONTRACT
- 1996-97 PREVENTATIVE
STREET
MAINTENANCE
VIA ALIFORNIA/CAMINO
LAS
RAMBLAS AVENIDA
AEROPUFRTO
MISSION HILLS
AND CAPISTRANO
VILLAS SPEED BUMPS
(CIP NOS
119,121,134 AND 13 5)
(HQLLAND-LOWS
CONSTRUCTION. INC.)
(600,30)
As set forth in the Report dated March 4, 1997, from the Engineering and Building Director,
the contract for preventative street maintenance for fiscal year 1996-97 was awarded to
Holland -Lowe Construction, Inc. in the amount of $164,117.85 for the following Capital
Improvement Projects: Via California/Camino Las Ramblas, Avenida Aeropuerto, Mission
Hills, and Capistrano Villas Speed Bumps (CIP Nos. 119, 121, 134 and 135). All other bids
were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf
of the City.
5. AWARD OF CONTRACT - 1997-99 CITY SANITARY SEWER LINE
MAINTENANCE (EMPIRE PIPE CLEANING & EQUIPMENT. INC.) (600.30)
As set forth in the Report dated March 4, 1997, from the Engineering and Building Director,
the contract for maintenance of the City's sanitary sewer lines was awarded to Empire Pipe
Cleaning & Equipment, Inc. at a cost of $.125 per linear foot and $140.00 per hour for the
first two hours of emergency response and for each hour thereafter, not to exceed $72,000
per year, for the two-year period beginning July 1, 1997, and ending June 30, 1999. All other
bids were rejected. The Mayor and City Clerk were authorized to execute the contract on
behalf of the City.
6. APPROVAL OF LICENSE AGREEMENT EXTENSION FOR TEMPORARY
PI MPINSTATION AND PIPELINES - AVENIDA DE LA VISTA (SHIBATA)
600.30
As set forth in the Report dated March 4, 1997, from the Engineering and Building Director,
Agreement Amendment No. 1 to the License Agreement with Mr. Hideo Shibata allowing the
City to access, maintain, and operate a temporary pumping station and associated pipework
on Mr. Shibata's property was approved extending the Agreement through December 31,
1998, at a cost to the City of $500 per month. The Mayor was authorized to execute the
Amendment on behalf of the City.
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7. APPROVAL OF CONTRACT EXTENSION FOR AMBULANCE SERVICE
' (MEDIX AMBULANCE SERVICE) (600.30)
As set forth in the Report dated March 4, 1997, 1997, from the Assistant City Manager, the
contract with Medix Ambulance Service was extended for a 180 -day period ending June 30,
1997, under the same terms, to provide continued ambulance service to the City during
review of the Emergency Medical Service System Design proposal.
8. DENIAL OF CLAIM FOR DAMAGES (KATHERINE KEYES) (170.10)
The Claim for Damages filed by Katherine Keyes was denied in its entirety, as set forth in the
Report dated March 4, 1997, from the City Attorney.
9.
EL
CAMINO REAL PARKING LOTS LIGHTING (LAKE FOREST ELECTRIC)
.00
As set forth in the Report dated March 4, 1997, from the Engineering and Building Director,
the following Resolution was adopted declaring the work for Capital Improvement Project,
El Camino Real Parking Lots Lighting, to be complete:
RESOLUTION NO. 97-3-4-1. COMPLETION OF EL CAMINO REAL
' PARKING LOTS LIGHTING (LAKE FOREST ELECTRIC) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE EL
CAMINO REAL PARKING LOTS LIGHTING (LAKE FOREST
ELECTRIC)
The Resolution accepted the work as complete in the amount of $112,946 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $11,294.60 thirty-five (35) days after recording
the Notice of Completion.
10. AUTHORIZATION TO USE AMPLIFICATION ADDRESS SYSTEM - SEASON
GRAND OPENING CEREMONIES FOR SAN JUAN LITTLE LEAGUE AND
CAPISTRANO VALLEY BOBBY SOX (920.10)
As set forth in the Report dated March 4, 1997, from the Planning Director, permission was
granted for the use of an amplification address system for the season's Grand Opening
ceremonies for San Juan Little League and Capistrano Valley Bobby Sox at the Sports Park
on March 15, 1997.
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U111-19
: 1
1. TENTATIVE
PARCEL MAP 96-159 TO
SUBDIVIDE PROPERTY LOCATED AT
27000
ORTEGA
HIGHWAY (FORMER
TINY NAYLOR' S SITE) INTO THREE
PARCELS
(SCHWARTZ)
(420,70) (CONTINUED
FROM FEBRUARY 4. 1997)
Proposal:
Consideration of a request to subdivide a 1.5 -acre parcel located at 27000 Ortega Highway
into three parcels to provide a common parcel for parking and a parcel each for a Del Taco
and a Burger King restaurant. The public hearing was continued from the meeting of
February 4, 1997, to allow additional time for staff and the applicant to reach a consensus on
revised language regarding potential public improvements on Del Obispo Street.
Applicant:
S. Alan Schwartz, 1088 Irvine Blvd., Tustin, CA 92680
Written Communications:
Report dated March 4, 1997, 1997, from the Planning Director, recommending that the public
hearing be continued to the meeting of March 18, 1997, as requested by the applicant, to
allow additional time to reach a consensus with City staff on revised language regarding
potential public improvements on Del Obispo Street.
Continuation of Hearing:
Notice having been given as required by law, Mayor Swerdlin reopened the Public Hearing.
There was no response, it was moved by Council Member Campbell, seconded by Council
Member Hart, and unanimously carried that the public hearing be continued to the meeting
of March 18, 1997, at the request of the applicant. Staff was directed to renotice interested
persons of the continuance.
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING
RULES REGULATIONS. AND LIMITATIONS ON THE USE OF
PERMANENTLY EXPOSED STRING LIGHTS (420.30)
Proposal:
Consideration of an amendment to Section 9-3.614 of the Municipal Code which would 1)
permit the installation of permanent, exposed string lighting on a limited basis to highlight
buildings located in the City's commercial districts, 2) permit the installation of temporary,
exposed seasonal string lighting during the holiday season between the third Saturday in
November to New Year's Day, 3) provide a 60 -day grace period to allow owners with
existing string lights installed to make application to the City for review and approval, 4)
authorize the Planning Director to approve architectural and landscape highlighting
applications rather than the Planning Commission, and 5) include requirements for
maintenance of permanent string lights.
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Applicant:
' City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated March 4, 1997, from the Planning Director, recommending that the
proposed Ordinance be introduced. The Report noted that the suggestions of the
Planning Commission and Chamber of Commerce had been included in the Ordinance.
The Report also recommended that a fee be established for processing applications
requiring Planning Commission approval at a reduced level of $100 during the 60 -day
grace period for businesses with existing strong lights.
(2) Letter dated February 26, 1997, from Tom Facon, Executive Director/CEO of the
San Juan Capistrano Chamber of Commerce, in support of the proposed Amendment,
particularly a 60 -day grace period, with reduced fees, for those businesses submitting
applications for existing string lighting.
Mr. Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
' Introduction of Ordinance Regulating Exposed String Lighting:
The City Clerk read the tide 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 Jones, that the following Ordinance be introduced:
AMENDING TITLE 9 OF THE MUNICIPAL CODE - PERMANENTLY
EXPOSED STRING LIGHTS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER
3, ARTICLE 6, SECTION 9-3.614 OF THE MUNICIPAL CODE
(EXTERIOR LIGHTING) ESTABLISHING RULES, REGULATIONS
AND LIMITATIONS ON THE USE OF PERMANENTLY -EXPOSED
STRING LIGHTS IN CG (GENERAL COMMERCIAL), CT (TOURIST
COMMERCIAL), FM (FARM MARKET), AND CN (NEIGHBORHOOD
COMMERCIAL) DISTRICTS OF THE CITY, ALLOWING TEMPORARY
SEASONAL EXPOSED STRING LIGHTS DURING THE PERIOD
BETWEEN THE THIRD SATURDAY IN NOVEMBER AND NEW
YEAR'S DAY, MODIFYING THE APPROVAL OF ARCHITECTURAL
AND LANDSCAPE HIGHLIGHTING APPLICATIONS FROM THE
PLANNING COMMISSION TO THE PLANNING DIRECTOR, AND
AMENDING SECTION 9-3.614 TO INCORPORATE REQUIREMENTS
FOR THE MAINTENANCE OF PERMANENT STRING LIGHTS
I
The motion carried by the following vote:
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106
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Approval of Reduced Fee During 60 -Day Grace Period:
It was moved by Council Member Jones, seconded by Council Member Greiner, and
unanimously carried that a reduced fee of $100 be established during the 60 -day grace period
for processing all string lighting applications requiring Planning Commission approval for
business with existing string lighting.
3. GENERAL PLAN AMENDMENT 93-2 REVISED HOUSING ELEMENT
440.25
Proposal:
Consideration of proposed amendments to the Housing Element of the City's General Plan
which responds to comments received from the State Housing and Community Development
Department and includes a detailed strategy for accomplishing the goals of the City's
previously -adopted HOPE Plan. The modifications will bring the Plan into compliance with
changes in housing legislation and allow the City to obtain State certification of the Plan. A
State -certified Plan is required for participation in the State's "Small Cities" grant program,
which will assist the City in carrying out the program goals outlined in the Housing Element.
The revised Plan was reviewed and approved by both the City's Housing Advisory Committee
and the Planning Commission, and their recommendations were incorporated into the
document.
Applicant:
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Written Communication:
Report dated March 4, 1997, from the Planning Director, recommending that the proposed
amendments to the Housing Element be approved.
Mr. Tomlinson made an oral presentation. He recommended that page 44 of the proposed
Amendment be modified to delete the specific dollar cap amounts for rental subsidies and
supplemental income to provide the City with some flexibility and to avoid inconsistency with
the City's General Plan.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
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107
(1) Pauline Leonard, 27589 Brookside Lane, on behalf of the Mary Erickson Foundation,
' stated that she had read the entire Element and strongly supported its adoption by the
Council. She commended staff on their excellent job in reflecting the housing needs
in the City as seen by the Foundation. She expressed appreciation to staff for their
recommended deletion of the dollar cap amounts on page 44 of the document because
they would not be feasible under the City's Rental Subsidy Program.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Adootion of Resolution Annrovine General Plan Amendment 93-2. Revised Housing
Element:
It was moved by Council Member Hart, seconded by Council Member Greiner, that the
following Resolution be adopted, subject to the deletion of specific dollar cap amounts for
rental subsidies and supplemental income on page 44:
RESOLUTION NO 97-3-4-2. REVISED HOUSING ELEMENT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
93-2, REVISIONS TO THE CITY'S HOUSING ELEMENT
' The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
4. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1998-
2000 AND RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR
YEARS 1997-2000 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM)
440.50
Proposal:
Consideration of numerical limits for calendar years 1998-2000 under the City's Growth
Management Program limiting the annual number of residential building permits to 400 and
the proposed allocation of those permits for calendar years 1997-2000.
Written Communication:
Report dated March 4, 1997, from the Planning Director, recommending that the numerical
limit be set at 400 units per year and the proposed Residential Allocation Schedule be
approved. The Report listed projects that were presently eligible for building permit
allocations.
CityCo ilMinutes -9- 3/4/97
108
Mr. Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving Numerical Limits for Calendar Years 1998-2000:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO 97-3-4-3. ESTABLISHING NUMERICAL LIMITS
FOR CALENDAR YEARS 1998 THROUGH 2000 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR
CALENDAR YEARS 1998 THROUGH 2000 CONSISTENT WITH TITLE
9, CHAPTER 7, (RESIDENTIAL GROWTH MANAGEMENT) ,
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Approving Residential Allocation Schedule for Calendar
Years 1997-2000:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO 97-3-4-4 APPROVING RESIDENTIAL
ALLOCATION SCHEDI JI E FOR CALENDAR YEARS 1997 THROUGH
2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS
1997 THROUGH 2000 PURSUANT TO TITLE 9, CHAPTER 7,
RESIDENTIAL GROWTH MANAGEMENT
The motion carried by the following vote:
City Comoit Mumtes
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
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109
RECESS AND RECONVENE
Council recessed at 7'.40 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:00 p.m. as the City Council.
ADMINISTRATIVE ITEMS
ADMINISTRATIVE SERVICES DURECTOR
Written Communication:
Report dated March 4, 1997, from the Director of Administrative Services, providing a mid-
year review of the City's Operating Budget for fiscal year 1996-97 and recommending
adjustments, resulting in a projected surplus of $29,000 at year's end.
Ms. Pendleton made an oral presentation.
Council Member Campbell highlighted the projected increase in sales tax revenues
($285,000), despite the decrease in property taxes, and commended City staff, particularly
the Administrative Services Director and the City Manager, for their efforts.
Approval of Adjustments to the 1996-97 City Operating Budgetss:
It was moved by Council Member Jones, seconded by Council Member Greiner, and
unanimously carried that the proposed adjustments be approved to the 1996-97 City
Operating Budgets.
PLANNING DIRECTOR
APPEAL OF THE
ENVIRONMENTAL
ADMINISTRATOR'S
DECISION
ISSUING A MITIGATED
NEGATIVE
DECLARATION
FOR PROPERTY
LOCATED ALONG
THE EAST SIDE
OF RANCHO VIEJO ROAD
AND SOUTH
OF THE CITY LIMITS
- REZONE
96-1. ARCHITECTURAL
CONTROL
96-6
(RESCO/CAPISTRANO GATEWAY)
(410.60/460.20) (CONTINUED
FROM
Written Communications:
(1) Report dated March 4, 1997, from the Planning Director, recommending affirmation
of the Environmental Administrator's decision to issue a Mitigated Negative
Declaration for Rezone 96-1 and Architectural Control 96-6. The project would 1)
amend the Specific Development Plan, 2) allow the development of a
church/preschool on an 11.52 -acre parcel, and 3) establish a mass grading plan for a
2.3 -acre portion of property located along the east side of Rancho Viejo Road and
south of the City limits. Staff s recommendatiop- to continue to affirm the decision
was based on the opinion of the City Attorney, who, after reviewing all documents
City Counoil Minutes -11- 3/4/97
110
and meeting with the appellant, concluded that the Mitigated Negative Declaration
met all requirements of State law.
(2) Faxed letter received by the City on March 4, 1997, from Bob King of Save Our San
Juan, Inc. (SOS), stating his understanding of the opinion cited in the memorandum
from the City Attorney dated February 24, 1997, as it relates to Mr. King's possible
litigation in this matter; i.e., stating that the project's Negative Declaration would not
be formally certified until the project is formally approved by the City Council, per
CEQA requirements.
The City Attorney made an oral presentation. Mr. Shaw commended staff on their excellent
preparation of the Negative Declaration, which complied with all basic threshold requirements
of the law. He felt that from a legal perspective there was no merit to Mr. King's appeal.
With regard to procedural issues, he advised Mr. King that should the City deny his appeal,
he would not lose any rights if he waited to see if his concerns were addressed during the
rezoning and architectural review process. In addition, Mr. King would still be able to litigate
30 days after City Council's final approval of the project.
Appellant's Comments:
Bob King, 29422 Spotted Bull Way, President of SOS, noted the necessity to create a record
for possible future lawsuit. He noted his fax to John Shaw, City Attorney and Mr. Shaw's
letter to Save Our San Juan dated March 4, 1997. Despite his discussion with the City
Attorney, Mr. King still denied and disputed information contained in the Staff Report. He
stated that no view analysis had been done, an EIR had been required when the project
description excluded the church but when the church was included no EIR had been required.
No analysis had been done as to the differences between the two projects. He felt that the
church project had been processed in the same manner as a private citizen's project or a
commercial development, which he felt violated Federal law and undermined the validity of
most of the mitigation measures relative to the church. He cited the 1993 Religious Freedom
Restoration Act, which he felt would render the church immune to City restrictions; therefore,
specific potential church activities should be excluded in the project definition. He felt staff
had violated CEQA by omitting those specific activities. He stated that homeowners are
experiencing increasing noise and felt that approval of this project could preclude permanent
noise mitigation. He suggested that the applicant withdraw or temporarily suspend the
application and meet with the neighborhoods regarding their concerns. He felt such action
would take no more than 30 days and would address most of the concerns, with the remaining
issues being handled through standard administrative procedures. He stated that if the
applicant chose not to take this action, then the applicant would assume responsibility for any
legal delays. He further noted that he had mei with everyone who had requested a meeting;
taken and returned all telephone calls relative to the project and made himself totally available.
He added that relative to the unspecified portion of the project, consideration was being given
to a high density medical facility with an external parking structure, and the environmental
impacts of that had not been analyzed. He felt that their concerns could be easily addressed
by modifying the project definition to state specific inclusions and exclusions.
City Council Minutes
-12- 3/4/97
ill
In response to Mr. King's comments regarding the 1993 Religious Freedom Restoration Act,
Mr. Shaw advised that it had been well established that cities and counties have planning and
zoning authority over churches. The U.S. Supreme Court was currently looking at case
involving the application of the 1993 statute relative to a city's role in issuing building permits
for churches. Mr. Shaw felt there was no reported case decision supporting Mr. King and
that City staff had acted correctly in treating the church application as they would any other
application. With regard to the proposed medical use, he stated there was no application
before the City for such use. The only thing bearing on any use other than the church was
grading of the pad, which had been accounted for in the environmental study.
Public Comments:
(1) Lamar Stewart, 16735 Von Karman, #100, Irvine 92614, a civil engineer involved
with the project's conceptual plan for the proposed grading, indicated he was present
to answer any questions with regard to the grading proposal.
(2) David Parker, 24493 Via Tequila, Lake Forest 92630, noted that he is an associate
with The Woodard Group, the architects for this project. He felt that there would be
no aesthetic concerns with this project because of the firm's outstanding reputation
for high standards in architectural design. He stated there were no plans for a hospital
or large medical complex for this site, noting that plans and conceptual studies had
not begun for the southern portion of the site.
Adoption of Resolution Affirming the Decision of the Planning Director:
It was moved by Council Member Jones, seconded by Council Member Hart, that pursuant
to Section 9-2.314, Appeals, the following Resolution be adopted affirming the decision of
the Environmental Administrator and denying the appeal:
SOLUTION NO. 97-3-4-5. DENYING APPEAL AND AFFIRMIN
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING APPEAL AND AFFIRMING
THE ENVIRONMENTAL ADMINISTRATOR'S DECISION IN ISSUING
A MITIGATED NEGATIVE DECLARATION FOR REZONE 96-1 AND
ARCHITECTURAL CONTROL 96-6 - RESCO DEVELOPMENT/
CAPISTRANO GATEWAY (KING)
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
City C..il M.W. -13- 3/4/97
112
ENGINEERING AND BUILDING SERVICES DIRECTOR
1996-97 MID -YEAR CAPITAL IMPROVEMENT PROGRAM (330.40)
Written Communication:
Report dated March 4, 1997, from the Engineering and Building Director, recommending that
the revised revenues and project changes proposed be approved for the 1996-97 Mid -Year
Capital Improvement Program.
Any roval of Mid -Year Capital Improvement Program:
tIwas moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried that the 1996-97 Mid -Year Capital Improvement Program be approved
as presented in Attachment 1.
2. RESOLUTION OF SUPPORT FOR U.S. ARMY CORPS OF ENGINEERS - SAN
JUAN CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY (550,50)
Written Communication:
Report dated March 4, 1997, from the Engineering and Building Director, recommending that
a Resolution of Support be adopted 1) supporting the U.S. Army Corps of Engineers'
initiation of a Feasibility Study to evaluate specific projects for rehabilitating San Juan Creek,
with the County acting as the Local Sponsor, and 2) directing staff to cooperate in support
of the project. The Report noted that adoption of the Resolution of Support would not
commit the City to any financial participation in the Feasibility Study.
Adoption of Resolution of Support for San Juan Creek Watershed Mana eg ment
Feasibility Study:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO 97-3-4-6 SUPPORTING U.S, ARMY CORPS OF
ENGINEERS FEASIBILITY STUDY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING THE U.S. ARMY CORPS OF ENGINEERS SAN JUAN
CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY
The motion carried by the following vote:
City Coumil Mivulas
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
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PUBLIC LANDS AND FACII3TIES DIRECTOR
' I. OPTIONS FOR USE OF FARM SITE JOINTLY OWNED BY CITY AND
COMMUNITY REDEVELOPMENT AGENCY LOCATED ADJACENT TO THE
SAN JUAN CAPISTRANO SPORTS PARK (600.30)
Written Communication:
Report dated March 4, 1997, from Jennifer Murray, Acting Director of Public Lands and
Facilities, recommending that staff be directed to include in the Congdon House Request for
Proposal an option for joint or separate submittals for farming of the adjacent 28 -acre site.
The Report also recommended that the existing agreement with J&W Farms for operation of
the farm be extended for a six-month period ending September 15, 1997, under the same
terms and conditions.
Ms. Murray made an oral presentation.
Public Comments:
(1) George Kibby, 2268 Sandalwood Avenue, Anaheim, owner and operator of South
Coast Farms, spoke in support of the proposed RFP process. However, he suggested
that the proposed lease extension for the current operators, J&W Farms, to
September 1, 1997, be changed to July 1, 1997, to allow the new operator a chance
to plant in time for a fall harvest. Otherwise, a planting season would be lost.
(2) Dan Manassero, 1562 Everglades, Placentia, a partner of Manassero Farms operating
in Placentia, Anaheim, and Irvine, concurred with Mr. Kibby's comments. He
preferred that the new operator be permitted to begin planting by June 1997.
Mr. Scarborough explained that the current operator has crops already planted and has
expressed interest in retaining the property through August 1997. He suggested that the
Board approve the general direction and concept for the RFP to combine both the farming
operation and the Congdon House and continue the issue of the lease extension. After
conferring with potential lessees and the current operator, staff would then return to the
Board at a later date with a recommendation for a specific extension date for the current
lease.
(3) Ben Hamner, 32552 Alipaz Street, noted that he lives across the street from the
subject farmland. He preferred that the land remain agricultural and felt it was in the
best interest of the City and the community to accept proposals from growers to the
City's financial benefit.
(4) A. G. Kawamura, 1906 Lake Street, Huntington Beach, advised that most fall harvest
crops would need to be planted by early August and recommended that the lease for
the new operators begin July 1, 1997. He stated that some of the growers were
' discussing the possibility of working together on this site. He urged a quick decision
on this matter.
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114
Council Member Campbell concurred with the recommendation of the City Manager to
continue consideration of the proposed lease extension, including the issue of any overlapping
resulting from the transition from the existing to the new operation. Mayor Swerdlin felt that
time was not of the essence with regard to the RFP and felt that skipping a planting season
was not important to the City financially. He would rather allow time for a good proposal.
Council Member Jones felt that if the new operators lost a planting season, the bids would
dramatically change because of financial impacts. Council Member Hart felt that when the
issue of the lease extension came back for review by the Council, the issue of crop timing
could be addressed to the benefit of all parties concerned.
Approval of Option for Request for Proposal for the Congdon House:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried that staff be directed to include in the Requests for Proposal for the
Congdon House the option forjoint or separate submittals for farming of the adjacent 28 -acre
site.
Continuation of Consideration Re Extension of Lease Agreement with J&W Farms:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried that the proposed lease extension with J&W Farms for operation of the
farm be continued to the meeting of March 18, 1997, to confer with potential lessees and the
current operator regarding the lease extension.
COUNCILMANIC ITEMS
ANNUAL REVIEW OF COMMISSION/COMMITTEE APPOINTMENTS (110.20)
Written Communication:
Report dated March 4, 1997, from Carole Jacklin, Council Services Administrator,
forwarding the list of current appointees and their appointment dates, vacancies, and all active
applications on file for each commission and committee.
Appointment of Council Ad Hoc Committee:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that Council Members Greiner and Hart be appointed to serve on a
Council Ad Hoc Committee for the purpose of reviewing candidates for vacant positions,
with recommendations to be submitted to the Council at the meeting of March 18, 1997.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
City Council Minutes
Council Member Campbell noted her attendance at the meeting held this date. She
anticipated that more landscaping would be installed soon and that better signs and
markings were planned for installation. She noted that today's meeting included more
discussion on the installation of call boxes, cellular service, and destination signage.
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115
' b. Southeast Regional Reclamation Authority_(SERRA)_(1040.60)
Council Member Jones noted the meeting scheduled for March 6, 1997.
C. San Juan Basin AuthoLb (1050.60,)
Council Member Jones noted that the regular meeting dates were changed to the third
Tuesday of each month (instead of the first Tuesday) and that the next meeting was
scheduled for March 18, 1997.
d. Orange County Joint Fire Authority (540.80)
Council Member Greiner noted his attendance at the meeting on February 27, 1997,
which included discussion of the worker's compensation carrier and a Closed Session
regarding salaries and benefits, and the all -day retreat on March 1, 1997. Council
Member Greiner suggested that all Council Members individually schedule a ride -
along with emergency medical personnel during the next few weeks. He explained
that having the Council be more knowledgeable about this type of operation would
help when the issue of medical transport is addressed in the near future. He noted
that his ride -along changed his perspective on the matter, in that the current system
is inefficient and cumbersome. Council Member Hart indicated that one of the major
concerns in this matter was the potential elimination of private emergency transport
services.
e. Joint Powers Insurance Authority (170.30)
Mayor Swerdlin noted his attendance at a recent meeting, which included discussion
of upcoming claims.
Library Advisory Committee (950.20)
Council Member Greiner advised that the Committee's first formative meeting was
held on February 27, 1997, which included the selection of a Chairman and
establishing the size of the Executive Committee. He noted that the County's library
budget was increased to $18.2 million. He noted that the next meeting was scheduled
for March 27.
COUNCIL COMMENTS
PRESENTATION TO ASAP (130.50)
Council Member Campbell advised that Anthony Rackauckas, an Orange County Superior
Court Judge who helped change the law regarding sentences for torture, was scheduled to
speak at the Associated Senior Action Program (ASAP) meeting on March 20, 1997, at 9:30
a.m.
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116
2. SHERIFF DEPARTMENT RESPONSE (580.10)
Council Member Hart commended the Sheriff s Department, Lt. Sullivan, and the helicopter
squad on their excellent response to Mr. Brown, whose wife passed away in a car accident
on Ortega Highway last week.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:36 p.m. to
Monday, March 10, 1997, at 7:00 p.m. in the City Council Chamber.
ATTEST:
DAVID M. SWERDLIN, MAYOR
City Cowoe MinuW.
Respectfully submitted,
/�.'��..�
CHERYL•✓' •
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iii
NOTICE OF ADJOURNMENT OF MEETING OF
' THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of March 4, 1997, adjourned said meeting to
Monday, March 10, 1997, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: March 5, 1997
Cheryl Johns6l, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
' I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
March 5, 1997.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johnso Cit Jerk
San Juan Capistrano, California