97-1202_CC_Minutes_Regular Meeting377
DECEMBER 2, 1997
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85) - None
• • A 1_ l• • hd l>a_ • • • ul
POWN 1 MAN 10MON1111 1 1•' u 1�I _ •
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 Monsignor Paul Martin, Mission San Juan
Capistrano. Council Member Campbell introduced Monsignor Martin's brother-in-law, Jimmy.
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; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and
Building Director; Lt. Paul Sullivan, Chief of Police Services; Amy Amirani, Director of Public
Works; Gillian E. Rample, , Recording Secretary.
• 1 •riii�L 1- i 1 K•� [ice/-;��ll] �►�I�•Tiu'L
Written Communications:
Report dated December 2, 1997, from the City Clerk.
Mayor Swerdlin indicated that serving as Mayor had been a pleasure. He expressed
appreciation to his wife, Susan, to all those in the community involved with the City,
especially those who volunteer their time so generously, and to the City Manager and staff
for their outstanding efforts. He stated that it had been an honor to serve with his fellow
Council Members and that the accomplishments of the past year were that of the entire
Council.
I Selection of Maori
Mayor Swerdlin then turned the meeting over to the City Clerk, who asked for nominations
for the office of Mayor. It was moved by Council Member Hart, seconded by Council
City Council Minutes 4- 12/2/97
378
Member Campbell that Gil Jones be nominated for the office of Mayor. There being no
further nominations, it was moved by Council Member Hart, seconded by Council Member
Campbell and unanimously carried to select Gil Jones as Mayor for the one-year term ending
December 1, 1998.
Selection of Mayor pro tem:
Mayor Jones opened nominations for the office of Mayor pro tem. It was moved by Council
Member Campbell, seconded by Council Member Swerdlin that John Greiner be nominated
for the office of Mayor pro tem. There being no further nominations, it was moved by
Council Member Campbell, seconded by Council Member Swerdlin and unanimously carried
to select John Greiner as Mayor pro tem for the one-year term ending December 1, 1998.
Presentation of Gavel Plaque:
Mayor Jones expressed appreciation to former -Mayor Swerdlin for his efforts during his
tenure as Mayor, and presented a gavel -plaque commemorating Mr. Swerdlin's term in office.
Mrs. Swerdlin was presented with a bouquet of roses.
2. ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT
OF CITY FUNDS (320.10)
Written Communications:
Report dated December 2, 1997, from the City Clerk, forwarding the Resolution which
authorizes the signatures of the newly -elected Mayor, Mayor pro tem, Treasurer and Deputy
Treasurer on the City bank accounts.
Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RF�OLUTION NO 97 12-2-1 DEPOSIT AND INVESTMENT OF CITY
Fl NDS AND Al JTHOUIZING SIGNATURES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. 96-12-3-6
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
City Council Minutes -2-
12/2/97
3. SELECTION OF REDEVELOPMENT AGENCY CHAIRMAN AND VICE
CHAIRMAN (40LUO
Written Communications:
Report dated December 2, 1997, from the Agency Secretary.
Selection of Chairman:
Mayor Jones opened nominations for Chairman of the Community Redevelopment Agency.
Director Swerdlin nominated Director Hart for Chairman; Director Campbell seconded the
nomination. There being no further nominations, it was moved by Director Swerdlin,
seconded by Director Campbell, and unanimously carried that Wyatt Hart be selected as
Chairman for a one-year term ending December 1, 1998.
Selection of Mayor Pro Tempore:
Chairman Hart opened nominations for Vice Chairman. Director Campbell nominated
Director Swerdlin for Vice Chairman; Chairman Greiner seconded the nomination. There
being no further nominations it was moved by Director Campbell, seconded by Director
Greiner, and unanimously carried that David M. Swerdlin be selected as Vice Chairman for
a one-year term ending December 1, 1998.
4. RESOLUTION AUTHORIZINGDEPOSIT AND INVESTMENT OF
FUNDS • LQj
' Written Communication:
Report dated December 2, 1997, from the Agency Secretary, forwarding the Resolution
which authorizes the signatures of the newly -elected Chairman, Vice Chairman, Executive
Director, Agency Secretary, and Agency Finance Officer on the Agency accounts.
Authorization of Sianawres:
It was moved by Director Swerdlin, seconded by Director Greiner that the following
Resolution be adopted:
RESOLUTION NO. CRA 97-12-2-1 DEPOSIT AND INVESTMENT OF
AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, DELEGATING TO THE AGENCY
FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND
TO INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING
SIGNATURES, AND REPEALING RESOLUTION NO. CRA 96-12-3-1
The motion carried by the following vote:
AYES
NOES:
' ABSENT:
City Council Minutes
Directors Swerdlin, Greiner, Jones, Campbell, and Chairman Hart
None
None
-3-
12/2/97
379
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INTRODUCTIONS PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 010 10)
Council Member Greiner introduced the following persons in attendance: Al Simmons, Senior
Liaison; Tom Facon, Chamber of Commerce; Don Tryon and Bill Hardy, Cultural Heritage
Commission; Bill Sonka, Planning Commission; Bonnie Holt, Transportation Commission;
Joann de Guevara, Janice Palermo and Mane Buckner, Housing Advisory Committee. Mayor
Jones' family was in attendance and introduced. Attendance by members of Pack 13, Den 3,
Webelos was acknowledged and staff directed to present them with a City pin.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORSI
STORM DRAIN CONSTRUCTION - TRACT 15301 (550.40/420.40)
The following persons addressed the Council regarding concerns over the impact on Harbor
Lane homes from the Tract 15301 storm drain construction:
Larry Culbertson, 32882 Avenida Del Rosal, stated the Environmental Impact Report
done for the tract had indicated no water would be discharged into Harbor Lane. He
indicated that 13 years ago the "V" ditch that had drained the Forster property had
been diverted into a catch basin; however, he felt that with this construction the entire
tract would drain into Harbor Lane. He noted that there were already drainage and
flooding problems in Harbor Lane and expressed concern regarding the additional
drainage from the tract. He felt the hydrology study done for the tract was flawed.
He requested that staff be directed to make the developer divert the flow away from
Harbor Lane.
2. Joe Salim, 25715 Avenida Pedregal, told the Council that he lived in the alleyway
where the storm drain is being installed. He felt the hydrology study had not taken
into account that water draining from the property had previously been diverted away
from the Harbor Lane development. He felt there were errors in the construction and
requested that the problems be corrected and the hydrology be re -reviewed.
3. Doug Bodine, 32872 Avenida Del Rosal, requested that the situation be investigated
and noted his concern that with the current drainage water from the recent light rains
and gone over the curb and into his driveway. He stated that there were no drains on
Avenida Pedregal and felt the current system was inadequate.
4. Tom Schooler, 25719 Avenida Pedregal, advised the Council that the new storm drain
is being constructed close to his garage. He indicated that he had a letter from the
City's engineering division advising that the Harbor Lane slope would be returned to
its original condition; however, now there was to be a "V" ditch in the slope with a
City Council Minutes -4- 12/2/97
4.11
grate at the bottom. He indicated that recent rain already pooled and drained into his
' garage and expressed concern that without prompt action to correct the situation he
would experience flood damage from heavier rains.
The City Manager advised that a meeting had already been scheduled between staff and
residents for December 4, 1997 and he would provide a status report to the Council by
Friday, December 5, 1997.
CONSENT CALENDAR
It was moved by Council Member Hart, and seconded by Council Member Campbell, 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 Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
1. MOTION TO READ ORDINANCES BY TITLE ONLY
' The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
NOVEMBER 4 1997
The Minutes of the Regular Meeting of November 4, 1997 were approved as submitted.
The List of Demands for Accounts Payable dated November 19, 1997 in the total amount of
$1,130,717.20 was ordered received and filed.
The City Treasurer's Report of Investments for the month ending October 31, 1997 was
ordered received and filed.
. • . . . .. ...
in
' As set forth in the Report dated December 2, 1997 from the Director of Engineering and
Building, the following Resolutions were adopted authorizing initiation of a Geologic Hazard
City Council Minutes -5- 12/2/97
r.N
Abatement District for Tract 13726, Toll Brothers (Estates at San Juan Capistrano, L.P.) and
setting a Public Hearing Date for the meeting of January 6, 1998:
RESOLUTION NO 97-12-2-2 "GEOLOGIC HAZARD ABATEMENT
DISTRICTS" - A RESOLUTION OF THE CITY COUNCIL OF SAN
JUAN CAPISTRANO, CALIFORNIA., DECLARING THAT THE CITY OF
SAN JUAN CAPISTRANO IS SUBJECT TO THE PROVISIONS OF
PUBLIC RESOURCES CODE, DIVISION 17, "GEOLOGIC HAZARD
ABATEMENT DISTRICTS"
RESOLUTION NO 97-12-2-3 "GEOLOGIC HAZARD ABATEMENT
DISTRICTS" - SETTING PUBLIC HEARING _ (TRACT 13726) - A
RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA DECLARING SUFFICIENCY OF PETITION, DIRECTING
NOTICES TO BE MAILED AND SETTING A TIME AND DATE FOR
PUBLIC HEARING FOR FORMATION OF A GEOLOGIC HAZARD
ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS OF
PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA,
DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DISTRICTS"
(TRACT 13726)
6. CONSIDERATION OF AGREEMENT FOR SURTICIAL SOILS REMEDIAL
PROGRAM TRACT 13726 ESTATES AT SAN JUAN CAPISTRANO L.P.
(TOLL BROTHERS) (60 330)
As set forth in the Report dated December 2, 1997 from the Director of Engineering and
Building, the Agreement establishing Slope Displacement Warranty Program for Tract 13726,
Toll Brothers (Estates at San Juan Capistrano, L.P.) was approved.
CONSIDERATION OF STOP SIGNS ON VIA RUEDA AT CALLE SAN REMO
590 50)
As set forth in the Report dated December 2, 1997 from the Director of Engineering and
Building, the following Resolution was adopted approving installation of stop signs for
eastbound and westbound traffic on Via Rueda at Calle San Remo:
RESOLUTION NO 97-12-2-4, APPROVING INSTALLATION OF
EASTBOUND AND WESTBOUND STOP SIGNS ON VIA RUEDA AT
CALLE SAN REMO - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE INSTALLATION OF EASTBOUND AND WESTBOUND STOP
SIGNS ON VIA RUEDA AT CALLE SAN REMO
•' .I C. :• • _ • 'x.11 1'
As set forth in the Report dated December 2, 1997 from the Public Works Director, the
Personal Services Agreement with Richard C. Slade & Associates for hydrogeologic services,
City Council Minutes -6- 12/2/97
383
consisting of siting, design, preparation of plans and specifications, and monitoring of
construction of a replacement domestic water supply well, known as the North Area
Domestic Well, on City Open Space near Trabuco Creek and Camino Capistrano, in the
amount of $18,424.00, was approved.
WN961 I UZI IMT4 V COM• • • • �1 1: 1
I • D 1 11'• W LUMA""I'MI
As set forth in the Report dated December 2, 1997 from the Administrative Services Director,
the following Resolution was adopted, in response to Water Advisory Commission concerns
relating to the Operation and Maintenance Agreement between the City and the Capistrano
Valley Water District, to require a public hearing when considering the imposition of franchise
fees:
RESOLUTION NO. 9.7-12-2-5__REQUIRING PUBLIC HEARING WHEN
CONSIDERING IMPOSITION OF FRANCHISE FEES - A RESOLUTION
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AFFIRMING INTENT TO REQUIRE PUBLIC HEARING PROCESS
WHEN CONSIDERING THE CREATION OF FRANCHISE FEES FOR
THE CITY OF SAN JUAN CAPISTRANO
10. PROPOSED KAISER FOUNDATION REIMBURSEMENT AGREEMENT (600.60)
' As set forth in the Report dated December 2, 1997 from the City Attorney, the
Reimbursement Agreement with Kaiser Foundation Health Plan, Inc., to provide for pro -rata
contributions to Kaiser from future private, commercial developers who develop within the
general area and benefit from the water and sewer utility connections installed by Kaiser
Foundation Health Plan, Inc., was approved.
As set forth in the Report dated December 2, 1997 from the Public Works Director, the
emergency work, consisting of hand clearing of vegetation in San Juan Creek, in order to
protect City sewer trunk pipelines which was contracted out to meet the Fish and Game
Permit deadline of November 30, 1997, was ratified.
12. CONTINUED CITY PARTICIPATION IN COUNTY OF ORANGE MORTGAGE
CERTIFICATE CREDIT PROGRAM FOR FIRST-TIME HOME BUYERS
0 50
As set forth in the Report dated December 2, 1997 from the Planning Director, the following
Resolution was adopted authorizing the City to continue to participate in the Mortgage Credit
' Certificate Program with the County of Orange to assist first-time home buyers:
City Council Minutes -7- 12/2/97
Kfiif
RESOLUTION NO 97-12-2-6. CONTINUED PARTICIPATION IN
MORTGAGE CREDIT CERTIFICATE PROGRAM (COUNTY OF
ORANGE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
CONTINUED PARTICIPATION IN THE MORTGAGE CREDIT
CERTIFICATE PROGRAM WITH THE COUNTY OF ORANGE FOR
FIRST TIME HOME BUYERS
.�' � � �•'� :D � Iulhl Lehi.
As set forth in the Report dated December 2, 1997, from the Secretary to the Community
Services Director, the bid for the Community Services Brochure Agreement was awarded to
Summit Ad Group, as the lowest qualified bidder, and the Mayor was authorized to execute
the agreement for a three-year term ending on December 31, 2000, at a total amount of
$12,480 for 12 editions of an 8" x 103/4" brochure.
PUBLIC HEARINGS
CONTSIDERATION OF GENERAL PLAN AMENDMENT 95-2 ZONE CHANGE
96-1 AND REVISED VESTING TENTATIVE TRACT MAP 14343 FOR
DEVELOPMENT KNOWN AS FORSTER CANYON PLANNED COMMUNITY
(SAN JUAN MEADOWS) (440,25/460,20/420.40) (CONTINUED FROM
NOVEMBER 4. 1997)
Proposal:
Consideration of a proposed general plan amendment, zone change and subdivision tact ^yap
for the San Juan Meadows development in the Forster Canyon Planned Community. The
General Plan Amendment would redesignate a portion of the "2.1 open space recreation area"
located along Forster Canyon Road near Pacific Point to "5.0 public institutional" for public
site dedication; redesignate the "2.1 open space recreation area" adjoining the senior site to
"1.4 medium density residential;" and, establish an alternate trail alignment along Forster
Canyon Road linking the Old Forster Canyon Road trail with the City's open space lands. The
zone change would revise the Forster Canyon Comprehensive Development Plan for
development consistency. Significant revisions would include changes to the land use plan,
revisions to the "Public & Institutional" District Regulations and "Village Residential Mesa"
District, and a reduction in the "General Open Space." The revised tentative tract map would
create 196 single-family, detached residential lots; a lot for the development of 79 single-
family, detached condominiums; a lot for the development of 165 senior housing units; 72
acres of open space; eliminate the dedicated public use site located along the north side of La
Novia Avenue; and, dedicate a 1.86 -acre public use site along Forster Canyon Road. The
subdivision waiver requests approval to grade manufactured slopes to 11/2:1 instead of the
Municipal Code -required minimum 2:1 slope for manufactured slopes. Manufactured slopes
would be reinforced with Geogrid, a rigid, plastic material designed to maintain slope stability
and prevent surficial slope failure.
City Council Minutes -8- 12/2/97
Applicant
' San Juan Meadows L.P
Attn: Ray Poulter
313 North Birch Street
Santa Ana, CA 92701
En ineer:
Ron Martin, P.E.
RMA Design Group
942 Calle Negocio, 4100
San Clemente, CA 92673
Plannine Consultant:
ADS Corporation
Attn: Tony Keith
P. O. Box 1061
Cambria, CA 93428
Written Communication:
Report dated December 2, 1997, from the Planning Director, advising that additional time
was needed to address issues raised on November 14, 1997, and recommending continuance
of the item.
Public Hearing Continued:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
being no response, it was moved by Council Member Greiner, seconded by Council Member
Campbell, and unanimously carried, to continue the Hearing to the meeting of January 6,
1998.
2. REQUEST FOR REZONE 97-6 AND ARCHITECTURAL CONTROL 97-7 FOR
DEVELOPMENT OF OUTPATIENT FACILITY LOCATED ALONG THE EAST
SIDE OF CAMINO CAPISTRANO. NORTH OF JUNIPERO SERRA ROAD
(KAISER PERMANENTE) (460.20)
'Consideration of a request to rezone an approximately four -acre site from the Growth
Management (GM) District to the Commercial Office (CO) District. The project site is
located along the east side of Camino Capistrano, approximately 800 feet north of Junipero
Serra Road.
Property Owner:
City of San Juan Capistrano
33240 Paseo Adelanto
San Juan Capistrano, CA 92675
Architect:
WSBA
Attn: Rick Wood
4850 Barranca Parkway, Suite 203
Irvine, CA 92714
Applicant:
Kaiser Permanente
Attn: Nancy Burke
393 East Walnut
Pasadena, CA 91188
Contact:
Phil Schwartze
31682 El Camino Real
San Juan Capistrano, CA 92675
Written Communication:
Report dated December 2, 1997, from the Planning Director, stating that the required findings
for a rezone application can be made; that the proposal had been reviewed in accordance with
' the California Environmental Quality Act and a mitigated negative declaration had been issued
by the Environmental Administrator. It was recommended that the City Council introduce
City Council Minutes -9- 12/2/97
386
an ordinance approving the rezone and adopt the a resolution certifying issuance of the
mitigated negative declaration.
The site plans and conceptual drawings were on display. Mr. Tomlinson made a presentation
in which he noted that the proposed out-patient, medical facility use was consistent with the
General Plan, and a more appropriate use of the site due to noise levels from the adjacent
freeway.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and
the following person responded:
(1) Nancy Burke, Land Use Manager for Kaiser Permanente, 393 East Walnut, Pasadena,
addressed the Council, requested clarification of the transportation mitigation
measures set forth in the proposed resolution. She indicated their willingness to
complete improvements to their frontage, but because there were no other developers
in the area she requested they be allowed to put up a fair share surety for completion
of improvements to Camino Capistrano and Junipero Serra at such time as the
improvements were needed. She further stated that they did not want to sign off on
improvements they did not yet know were necessary and requested a fair share surety,
with any required improvements or construction done prior to the certificate of
occupancy . After a brief discussion, the City Manager suggested that the item be
continued until later in the Council meeting to allow the representatives of Kaiser to
meet with staff to clarify the language.
Mayor Jones closed the hearing with the right to re -open at any time. The hearing was
subsequently re -opened later in the meeting and completed as follows:
Discussion of Alternate Language:
Mr. Tomlinson reported to the Council that staff and the Kaiser representatives had discussed
alternate language and had modified the proposed Mitigation Measures #4 and #5 to include
provision of a $100,000 surety bond to be deposited by Kaiser for future public improvements
as identified in the traffic study. He noted that in both cases improvements will have to be
constructed and in place prior to the issuance of any occupancy permit.
Reopen Public Hearing:
Mayor Jones reopened the Public Hearing and, there being no further response, closed the
hearing. Phil Schwartze had submitted a request to speak but declined when called upon.
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 introduced:
City Council Minutes -10- 12/2/97
387
APPROVING REZONE 97-6 (KAISER PERMANENTE) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 97-6, AN APPLICATION TO
REZONE AN APPROXIMATELY FOUR -ACRE SITE ON THE EAST
SIDE OF CAMINO CAPISTRANO APPROXIMATELY 800 FEET
NORTH OF JUNIPERO SERRA ROAD FROM THE GROWTH
MANAGEMENT (GM) ZONE DISTRICT TO THE COMMERCIAL
OFFICE (CO) DISTRICT (KAISER PERMANENTE)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Resolution, as amended, be adopted:
RESOLUTION NO. 97-12-2-8. CONFIRMING MITIGATED NEGATIVE
' DECLARATION PERTAINING TO REZONE 97-6 AND
ARCHITECTURAL CONTROL 97-7 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING A MITIGATED NEGATIVE DECLARATION FOR
REZONE 97-6 AND ARCHITECTURAL CONTROL 97-7, A PROPOSED
OUTPATIENT MEDICAL FACILITY LOCATED ON CAMINO
CAPISTRANO NORTH OF JUNIPERO SERRA (KAISER
PERMANENTE)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES. None
ABSENT: None
City Council Minutes -11- 12/2/97
AUTHORIZATION TOP RTICIPATE IN THE SOUTH ORANGE COUNTY
PERMIT CONSOLIDATION ZONE (660,50
Proposal:
Consideration of adoption of resolution authorizing the City to participate with other South
County Cities in the submission of a proposal to the State of California to Designate South
Orange County as a "Permit Consolidation Zone."
Written Communication:
Report dated December 2, 1997 from the Planning Director advising that the State of
California had enacted a Permit Consolidation Zone Pilot Program to test a new model for
simplifying environmental protection and permitting of business facilities required by State
and other outside agencies. In a designated zone, environmental permits would be condensed
into a single facility compliance plan to be reviewed within 45 days through an expedited
process coordinated by Zone staff with applicable State and other responsible (permitting)
agencies.
Mr. Tomlinson gave a presentation in which he noted there were no direct costs to the City
and, that the proposed center would be located in Lake Forest.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, the hearing was closed with the right to reopen at any time.
Adoption of Resolution:
Upon motion of Council Member Hart, seconded by Council Member Swerdlin, the following
Resolution was adopted:
RESOLUTION NO 97-12-2-7 DESIGNATING PERMIT
CONSOLIDATION ZONE - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPRCVING SUBMISSION OF A PROPOSAL TO THE STATE OF
CALIFORNIA TO DESIGNATE SOUTH ORANGE COUNTY AS A
PERMIT CONSOLIDATION ZONE
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
.e�
Council recessed at 7:45 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and Capistrano Valley Water District and reconvened at 7:47 p.m.
City Council Minutes -12- 12/2/97
MWE
CITY MANAGER
' 1. CONSIDERATION OF LICENSE AGREEMENT FOR RIGHT-OF-WAY
APPROVAL WITH METRICOM FOR PLACING WIRELESS MODEMS ON
CITY -OWNED LIGHT POLES (600.10)(CONTINUED FROM NOVEMBER 18,
1997
Written Communication:
(1) Report dated December 2, 1997 from the Assistant City Manager, advising that the
applicant desired to install wireless modems, or radio transmitters, on light poles
throughout the City. Metricom had requested permission to do a test installation of
one of the communication devices in an alternative mounting configuration on one of
the City's light poles; therefore, this matter had been continued from the November 4,
1997 and November 18, 1997 meetings to allow such a visual demonstration.
(2) Letter dated December 2, 1997 from Michael Luna, Luna Planning & Architecture,
in support of the application.
(3) Letter dated November 26, 1997 from Robert L. Delsman, Right -of -Way Legal
Counsel for Metricom, requesting that the City Council, if denying the application,
state its findings in writing in compliance with the Telecommunications Act of 1996
at 47 USC §332(c)(7)(B)(iii).
' Jennifer Murray gave an oral presentation, noting that the item had been continued to allow
Metricom time to install a more aesthetically pleasing mounting configuration and advising
that Metricom was willing to agree not to place the device on any poles designated by the
City as decorative. Although the new configuration was less visually intrusive, staff continued
to recommend denial for aesthetic reasons, and due to the lack of City policy on how similar
requests should be treated in the future. She requested that if Council decided to approve the
request, the approval be conceptual only, to allow staff to negotiate more favorable terms.
AQplicant Presentation:
Joe Milone, representing Metricom, 1460 East 33rd Street, Signal Hill, California, addressed
the Council. He thanked the staff for the opportunity to provide the additional information
and a visual demonstration. He gave a brief description of the network, noting that it was a
wireless modem and Internet service which eliminated the need for connection via phone
lines. The typical installation of their product was behind the cobra head portion on the street
light mast arm, mounted in a downward position with an 18 -inch whip antenna. He advised
it was a completely self-contained installation with no wires or cables, the connection being
directly into the photo -cell of the street light. He felt there was no visual impacts associated
with the device. He advised that they operated in the FCC's unlicensed spectrum; their
equipment was certified by the FCC and was very low -powered; hence the need for
installation every quarter of a mile and the reason why the device cannot be screened. He also
stated that it was proprietary radio technology; no-one else was yet offering similar modems
City Council Minutes -13- 12/2/97
390
He told the Council that their system had been approved by approximately 150 California
cities.
Mr. Milone finther advised that for their network to be successful they needed a contiguous
synergy and coverage among all the cities. He acknowledged the City's concern about
aesthetics and advised that the company was willing to agree not to mount the device on any
designated decorative poles and, further, would be willing to accept a lesser term, possibly
a 3 -year term, on the agreement if necessary.
Council Comments:
Council Member Hart cited his concurrence with the staff concerns and recommendation.
Council Member Swerdlin concurred with aesthetic concerns and noted that, if approved, this
would set a precedence for installation of other types of electronic devices on the City's street
light poles, which may or may not serve the same market He would rather another solution
be found by Metricom to establish their network, noting they could obtain approvals on
private property on a site -by -site basis.
The City Attorney advised that he had reviewed the November 26, 1997, letter received from
the attorneys for Metricom and found that the Federal law discussed was applicable only to
situations involving zoning requests on private property, not public property, as was being
requested in this instance. He recommended, however, that a resolution be returned at the
next meeting stating the adverse aesthetic findings.
Denial of Request for License Agreement:
Upon motion of Council Member Hart, seconded by Council Member Swerdlin, and carried
unanimously, the request from Metricom for a license agreement install wireless modems on
City -owned fight poles was denied, and staff was requested to prepare a resolution stating the
findings for denial to be brought back for adoption at the December 16, 1997 meeting.
RECESS AND RECONVENE
Council recessed at 8:00 a.m. and reconvened at 8:06 p.m. The public hearing pertaining to
Rezone 97-6 for the Kaiser Permanente project was completed at this time.
CITY MANAGER ITEM CONTINUED
WrittenCommunication:
Report dated December 2, 1997 from the City Manager, advising that earlier this year, the
City Council had approved the Final Report on the Ortega Highway Mitigation Program.
Council action included creation of a citizen's ad hoc committee comprised of residents from _
the area to serve as an advocacy group for the Ortega Highway Corridor property owners to
City Council Minutes -14- 12/2/97
391
Federal, State and County agencies for completion and/or funding of public improvements;
and, to work with staff on development and review of detailed implementation plans and to
provide recommendations on such plans to the City Council.
Mayor Jones advised that there were 10 very well-qualified applicants for the committee and
felt it would be appropriate to recommend appointment of all ten applicants. Council Member
Campbell asked if it would be possible to add additional members later if necessary. She was
advised that was possible. She then requested that staff contact Michael Imlay to determine
his interest for possible future appointment to the committee.
Appointment of Ad Hoc Committee:
Upon motion of Council Member Swerdlin, seconded by Council Member Hart, and
unanimously carried, the following were appointed to the Ortega Highway Mitigation Ad Hoc
Committee:
James Jay Anderson; Wallace R. Bublitz; James F. Cummings;
John C. Elliot; Richard Arthur Gorman; David Hanson;
William Nicholas Manahan, Warren George Michaelis; Tony Soto;
R. C. Turner
3. SELECTION OF CONSULTANT - CITY OF SAN JUAN CAPISTRANO
CLASSIFICATION AND COMPENSATION STUDY (RALPH ANDERSEN &
' ASSOCIATES) C600.30)
Written Communication:
Report dated December 2, 1997 from Julia M. Rushing, Management Analyst II,
recommending selection of Ralph Andersen & Associates to conduct the Classification and
Compensation Study which had been requested by the employees' association; and, approval
of the Consulting Services Agreement in the amount of $26,450.00.
Ms. Rushing made an oral presentation in which she stated that Ralph Andersen & Associates
was the most qualified firm and had agreed to conduct the study using the "whole job
approach."
Approval of Selection of Consultant:
Upon motion of Council Member Greiner, seconded by Council Member Hart, and
unanimously carried, the selection of Ralph Andersen & Associates to conduct the
Classification and Compensation Study in the amount of $26,450.00 was approved:
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392
4. RESOLUTION APPROVING THE PURCHASE AND SALE AGREEMENT
WITH CHARLES BEN WESELOH FOR THE PURCHASE OF EXCESS RIGHT-
OF-WAY AT NORTHWEST CORNER OF STONEHILL DRIVE AND CAMINO
CAPISTRANO (YMR NORTHERN PARCEL) (600 30)
Written Communication:
Report dated December 2, 1997 from Douglas Dumhart, Management Analysis II
recommending (1) adoption of a resolution approving the Purchase and Sale Agreement for
the purchase of excess right-of-way; and (2) authorizing the Mayor to execute the Agreement
on the City's behalf. The Report advised that the City had previously entered into an
agreement with the County for construction of Stonehill Drive, which required the purchase
of land known as the "YMR" property. Portions of the right-of-way were purchased with
Federal Highway Administration funds which must be reimbursed. The construction was
completed by the County in 1992 and all property and debt obligation of the YMR property
transferred to the City via quitclaim action. Overland Resources was subsequently retained
to oversee the sale of the property and two proposals had been received. An agreement had
been prepared with Charles Ben Weseloh whose proposal was for development of two new
dealerships by assembling the northern YMR site with the property immediately adjacent.
The offering price was $375,000. Toyota Motor Sales had submitted a proposal in the
amount of $380,000 for future growth of the new Family Toyota store. The Report stated
that the Weseloh proposal was more desirable because it provided for the most responsible
development through land assembly. It was estimated the City would net $168,960 from the
sale.
Mr. Dumhart made an oral presentation and noted that the Agreement was conditional upon
Mr. Weseloh obtaining a land use entitlements for an automobile dealership.
Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Swerdl:_., that the
following Resolution be adopted:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AND
SALE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND CHARLES BEN WESELOH FOR THE SALE OF
EXCESS RIGHT-OF-WAY OF 1.81 ACRES KNOWN AS YMR
NORTHERN PARCEL
The motion was carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
City Council Minutes -16-
12/2/97
11
CITY ATTORNEY
INTRODUCTION OF A HELICOPTER ORDINANCE (940.35)
Written Communication:
Report dated December 2, 1997 from the City Attorney, recommending introduction of a
helicopter ordinance to add specific provisions to the Municipal Code governing prohibition
of landing of helicopters and other airborne craft, with the exception of police, fire and public
safety craft.
Mr. Shaw made an oral presentation in which he advised that the proposed ordinance would
prohibit landings, including near -landings of equipment delivery to buildings, of all helicopters
and airborne craft, with the exception of police, and public safety craft.
Council Discussion:
Mayor Jones asked if there was any process by which an exception could be made for delivery
of equipment by helicopter if it was necessary. Mr. Shaw advised that there was no provision
in the proposed ordinance to allow landings on an urgent basis; the ordinance could be
amended to include that, or situations could be dealt with as they arose. Mr. Scarborough
noted that almost all installations of equipment could be made by crane, with less disruption
to neighboring properties. He advised staff would prefer to evaluate the need for equipment
installation by helicopter before an exception was included in this ordinance.
Council Member Swerdlin asked what effect the proposed ordinance would have on
equipment delivery by a helicopter that did not land and whether there should be a minimum
altitude. Mr. Shaw advised that the language could be amended to also exclude equipment -
only landings. Council Member Hart questioned whether the ordinance should include a
permit process to allow helicopter landings on a case by case basis.
The City Manager suggested that the item be continued to allow staff an opportunity to clarify
the language and issues more fully. He emphasized that the City's zoning ordinance did not
allow helicopters to land in the City; this ordinance would include specific language in the
Municipal Code to make that prohibition very clear. Mayor Jones requested that FAA
regulations regarding minimum altitude also be taken into consideration. Council Member
Swerdlin suggested that if helicopter deliveries were permitted, a provision requiring notice
to surrounding properties be included.
Motion to Continue:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously, to continue this item until the City Council meeting of January 6, 1998.
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394
ENGINEERING AND BUILDING DIRECTOR
CONSIDERATION OF DESIGN SERVICES CONTRACT FOR PASEO
ADELANTO EXTENSION DFL OBISPO STREET TO RAMOS STREET (Clip
NO 137)(AKM CONSULTING ENGINEERS) (600 30)
Mayor Jones advised he would abstain on this item due to a possible conflict of interest relating to
the proximity of his residence/business.
Written Communication:
Report dated December 2, 1997 from the Director of Engineering and Building, advising that
proposals for the design of Paseo Adelanto Extension from Del Obispo Street to Ramos
Street and been reviewed and it was recommended that the Design Services Agreement be
awarded to AKM Consulting Engineers in the amount of $58,131.00.
Mr. Huber gave an oral presentation, noting that the City had received four bids. AKM
Consulting Engineers had provided the best proposal and price and he recommended they be
awarded the contract.
Award of Contract:
It was moved by Council Member Campbeli, seconded by Council Member Swerdlin, and
carried with Mayor Jones abstaining to award the contract for the Paseo Adelanto Extension,
Del Obsipo Street to Ramos Street to AKM Consulting Engineers in the amount of —
$58,131.00.
2. ALLOCATION OF OPEN SPACE FUNDS - COMM( MTY HALL EXPANSION
(210.3 2) (330.40)
Written Communication:
Report date4
December
2, 1997 from the Director
of Engineering and Building
recommending
allocation
of funds from the anticipated
sale of the surplus Northwest
(Swanner) property to the Open Space Acquisition and Construction Fund, and the
amendment of the 1997-98 Capital Improvement Budget for the Community Center (45 1) by
adding $796,305.
Mr. Huber made an oral presentation.
Approval of Recommendation:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried, to approve the allocation of funds and amendment of the 1997-98
Capital Improvement Budget by adding $796,305.
City Council Minutes
18- 12/2/97
APPROVAL OF REZONE 97-7 (PAINTBALL ARMORY) (ADOPTION) (460.20)
Written Communication:
Report dated December 2, 1997 from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 18, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Hart, that the following Ordinance be adopted:
• I 1 s 11 1�1, u •
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 97-7 TO AMEND THE CITY'S
OFFICIAL ZONING MAP BY CHANGING THE CURRENT ZONING
DESIGNATION OF ASSESSOR'S PARCEL NUMBER 668-121-03 FROM
MP (INDUSTRIAL PARK) TO CM (COMMERCIAL
MANUFACTURING) (PAINTBALL ARMORY/33207 PASEO CERVEZA)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
Written Communication:
Report dated December 2, 1997 from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 18, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Hart, that the following Ordinance be adopted:
ORDINANCE NO. 804. REGULATING PUSHCART VENDORS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE BY
ADDING CHAPTER 28 ENTITLED "REGULATION OF PUSHCART
VENDORS"
City Council MimIIes
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396
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
C OUNC'II,MANIC ITEMS
Mayor Jones advised he would abstain on this item due to a possible conflict of interest.
Written Communication:
Memorandum dated December 2, 1997 from the Council Services Administrator, advising
that on November 4, 1997, Council Members Swerdlin and Greiner had been appointed to
recommend appointments to the Los Rios Precise Plan Review Ad Hoc Committee.
Report of Council Members Greiner and Swerdlin:
Council Member Swerdlin advised that he and Council Member Greiner had discussed
possible appointments to the Ad Hoc Committee but had not had an opportunity to ask the
individuals personally. They were therefore recommending that this item be continued until
the meeting of December 16, 1997.
Motion to Continue:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
with Mayor Jones abstaining to continue the appointments to the Ad Hoc Committee until
the meeting of December 16, 1997.
a. Foothill/Eastern Corridor (800.501
Council Member Campbell announced that she had spent two hours on December 2,
1997 in a helicopter tour of the transportation corridors, including the portion of the
eastern Foothill Corridor now under construction. She showed pictures of the
proposed Destination signs, noting particularly that the destination sign at the
northern end would indicate San Juan Capistrano.
b. Can Juan Basin Author4 (1050 601
Mayor Jones advised that he had attended the meeting earlier in the day and thanked
the Administrative Services Director for the financial procedure policy which he had
presented. He also expressed appreciation to the Public Works Director for advising
of Dana Point outfall issues.
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397
C. Oranee County Joint Fire Authority (540.80)
' Council Member Greiner noted that the Board had approved the Ambulance Service
agreement for continuing transportation by private ambulance and had directed that
a reimbursement plan be developed to reimburse the Fire Authority for paramedic
services provided. The estimated reimbursement cost was $184.41 per trip added to
ambulance service costs. He also noted that 27 ambulance service areas had been
approved. He advised that there had been discussion regarding cities' deferral of
authority to select ambulance providers to the Fire Authority Board. He indicated
that he felt strongly that each city should retain that authority. There was a general
Council consensus with his opinion. Council Member Greiner also noted that
firefighters have been attending Council meetings to protest their approved
compensation package.
a. Crime Victims (580.10)
Council Member Campbell advised that the episode of America's Most Wanted TV
show with great interest to her had been rescheduled to December 6, 1997 at 9:00
p.m. on Channel 11.
b. Reorganization (610.85)
Council Member Greiner noted that he concurred with the prior expressions of
appreciation for former Mayor Swerdlin's efforts on behalf of the City.
C. Tree Lighting (150.60)
Mayor Jones advised that the annual Christmas Tree Lighting Ceremony would take
place on December 6, 1997 at 5:00 p.m. in the Historic Town Center Park.
I 16.14"Itam
There being no further business before the Council, the meeting was adjourned at 8:38 p.m. to the
next regular meeting date of Tuesday, December 16, 1997, at 5:30 p.m., in the City Council
Chambers.
Respectfully submitted,
�� ii JL`�✓�.tl
• I VL �j&K—ICITY CLERK
City Council Minutes -21- 12/2/97