96-0319_CC_Minutes_Regular Meeting083
MARCH 19, 1996
' 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 Hart at 7:07 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Phillip Munsey, The Life Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Joe Arranaga, Director of Public Lands and
Facilities; AI King, Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs
Department; William Ramsey, Senior Planner; Dawn Schanderl, Deputy City Clerk.
' MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that all Ordinances be read by title only.
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
Bill Hardy and John Taylor, Los Rios Review Committee; Nick Flagg, Mobilehome Park
Review Committee; Bill Sonka, Planning Commission; Pauline Leonard, Parks, Recreation
& Equestrian Commission; Al Simmons, Senior Liaison; and Assistant District Attorney
Wallace Wade.
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Larry Rinehart, Intergovernmental Affairs Director for the South Coast Air Quality
Management District, 21865 Coffee Drive, Diamond Bar, provided an update of programs
' at the District. He presented a packet of information and directed attention to the Business
City Council Minutes -1- 03/19/96
M11
Clean Air Partnership Brochure. He advised that the Board of Directors had indicated their
intent to work as a partner with local business to achieve healthful air, to support economic —
growth and regional competitiveness, to create more flexible and reasonable paths to clean
air and to require cost effective clean air technologies. He explained the various ways those
goals were being implemented
2. PROPOSITION 199 ON THE MARCH 26- 1996 BALLOT - LIMITS ON
MOBILEHOME RENT CONTROULOW-INCOME,ASSISTANCE
(630,30)
Nick Flagg, 32371 Alipaz Street, Space #l, member of the Mobilehome Park Review
Committee, recited the history of the City's mobilehome rent control regulations. He
expressed appreciation to the City Council for their resolution opposing the initiative.
CONSENT CALENDAR
It was moved by Council Member Jones, 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 Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of February 20, 1996, were approved as
submitted.
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The Minutes of the Special Meeting of February 27, 1996, were approved as
submitted.
The List of Demands dated February 28, 1996, in the total amount of $170,595.48, was
ordered received and filed.
City Council Minutes -2- 03/19/96
The City Treasurer's Report of Investments as of February 29, 1996, in the total amount of
$9,465,790.22, was ordered received and filed.
4. REPORT OF NEW DEVELOPMENT APPLICATIONS (440.101
The Report dated March 19, 1996, from the Planning director, advising that one new
applications had been received since the last Report on February 20, 1996, was ordered
received and filed.
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Written Communications:
(1) Report dated March 19, 1996, from the Engineering and Building Director,
forwarding a Resolution approving the installation a of "No Parking" zone on the east
side of El Camino Real from El Homo Street, extending south for 55 feet to provide
for improved sight distance.
(2) Memorandum dated March 18, 1996, from the Engineering and Building Director,
requesting the item be withdrawn from consideration at this time due to issues raised
by Bob Dunn which need additional consideration by the Traffic and Transportation
Commission.
The item was withdrawn from consideration as recommended by staff.
As set forth in the Report dated March 19, 1996, from the Engineering and Building
Director, the following Resolution was adopted approving the replacement of eight currently
unrestricted parking spaces located on the east side of Camino Capistrano north of Del
Obispo Street with a three-hour parking limitation from 7:00 a.m. to 6:00 p.m., at a cost of
$200, as requested by owners of the Mercado Village Center:
RESOLUTION NO. 96-3-19-1. ESTABLISHING "THREE-HOUR
T 1 TT)T1Tl� ^I.AA ♦ 1l TA /./lA T 1l 11 T 1 (�T [�TTT /lT /\ ♦ 11i1T/1
CAPISTRANO NORTH OF DEL OBISPO - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "THREE-HOUR PARKING - 7:00
A.M. TO 6:00 P.M." ZONE ON THE EAST SIDE OF CAMINO
CAPISTRANO BEGINNING 216 FEET NORTH OF DEL OBISPO
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Written Communications:
(1) Report dated March 19, 1996, from the Engineering and Building Director.
(2) Letter dated March 18, 1996, from Marjorie E. Mayes, 31322 Paseo Naranja, in
support of the Permit Parking.
As set forth in the Report from the Engineering and Building Director, the following
Resolution was adopted establishing "No Parking Except With Permit - 3:00 A.M. - 6:00
P.M." on both sides of Via Los Pajaros, Paseo Acacia, Paseo Amapola, Paseo Olivos,
Paseo Sereno, Paseo Nogal and Paseo Naranja and, on the north side of La Zanja Street
from Camino Capistrano to Guadalupe Street, at a cost of $2,000, as requested by the
neighborhood property owners:
RESOLUTION NO, 96-3-19-2. ESTABLISHING "NO PARKING
EXCEPT BY PERMIT - 3:00 A.M. TO 6:00 A.M." - CASAS
CAPISTRANO NEIGHBORHOOD ASSOCIATION - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING
EXCEPT BY PERMIT - 3:00 A.M. TO 6:00 A.M." ON EITHER OR
BOTH SIDES OF VIA LOS PAJAROS, PASEO ACACIA, PASEO
AMAPOLA, PASEO OLIVOS, PASEO SERENO, LA ZANJA STREET,
PASEO NOGAL AND PASEO NARANJA, WITHIN THE CASAS
CAPISTRANO NEIGHBORHOOD
The Resolution further established an annual permit fee of $10.00 and directed the
Engineering and Building Department and the Public Lands and Facilities Department to
install the necessary notification signs. Enforcement of parking restrictions will occur on
a call -for -service basis.
As set forth in the Report dated March 19, 1996, from the Council Services Administrator,
the appointment of Mayor Pro Tem Swerdlin as Delegate and City Attorney Richard
Denhalter as Alternate to the Southern California Joint Powers Insurance Authority was
ratified.
MENERMET-TiTeRn 1525033 1 all 0,4:141111 • U IN N WIS U1 N IWellrAN1391T
As set forth in the Report dated March 19, 1996, from the Administrative Services
Director, the bid for 14 replacement computers and one new computer was awarded to
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MMI, Inc., in the amount of $1,509,58 for the first unit and $1,235.89 for each additional
unit for a grand total of $18,812.07. All other bids were rejected.
As set forth in the Report dated March 19, 1996, from the Management Analyst II, the
following Resolutions were adopted establishing "Three -Hour Parking Only" and "No
Parking 3:00 a.m. to 5:00 a.m. Tow -Away Zone" in the Mission Promenade, mission
Texaco and Multi -Modal Parking Lots to assure uniformity of time restrictions for on -
street and off-street parking and to provide for proper cleaning of the public parking lots:
RESOLUTION NO. 96-3-19-3. ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:00 A.M.
TOW -AWAY ZONE - MISSION PROMENADE PARKING LOT AT
31775 EL CAMINO RFA . - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MISSION PROMENADE PARKING LOT AT 31775 EL
CAMINO REAL
RESOLUTION NO. 96-3-19-4. ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:011 A.M.
TOW -AWAY ZONE - MISSION TEXACO PARKING LOT AT 31756
EL CAMINO REAL - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MISSION TEXACO PARKING LOT AT 31756 EL CAMINO
REAL
RESOLUTION NO. 96-3-19-5_ ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:00 A.M.
TOW -AWAY ZONE - MULTI -MODAL PARKING LOT AT 26731
VERDUGO STREET - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MULTI -MODAL PARKING LOT AT 26731 VERDUGO
STREET
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087
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As set forth in the Report dated March 19, 1996, from the Management Analyst II, the
following Resolutions were adopted establishing "Three -Hour Parking Only" and "No
Parking 3:00 a.m. to 5:00 a.m. Tow -Away Zone" in the Mission Promenade, mission
Texaco and Multi -Modal Parking Lots to assure uniformity of time restrictions for on -
street and off-street parking and to provide for proper cleaning of the public parking lots:
RESOLUTION NO. 96-3-19-3. ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:00 A.M.
TOW -AWAY ZONE - MISSION PROMENADE PARKING LOT AT
31775 EL CAMINO RFA . - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MISSION PROMENADE PARKING LOT AT 31775 EL
CAMINO REAL
RESOLUTION NO. 96-3-19-4. ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:011 A.M.
TOW -AWAY ZONE - MISSION TEXACO PARKING LOT AT 31756
EL CAMINO REAL - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MISSION TEXACO PARKING LOT AT 31756 EL CAMINO
REAL
RESOLUTION NO. 96-3-19-5_ ESTABLISHING THREE-HOUR TIME-
LIMITED PARKING AND NO PARKING 3:00 A.M. TO 5:00 A.M.
TOW -AWAY ZONE - MULTI -MODAL PARKING LOT AT 26731
VERDUGO STREET - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING ONLY" AND "NO
PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE
ENTIRE MULTI -MODAL PARKING LOT AT 26731 VERDUGO
STREET
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087
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11. DENIAL OF CLAIM FOR DAMAGES (GREGG HOMER) (170,10)
As set forth in the Report dated March 19, 1996, the claim filed by Gregg Homer on
February 13, 1996 for injuries allegedly sustained when he fell from his bicycle on Pacific
Coast Highway between Del Obispo Street and San Juan Creek was denied.
PUBLIC HEARING
APPROVAL OF APPLICATION TO ESTABLISH GATED NEIGHBORHOOD AT
CAPISTRANO ESTATES. TRACT 13726 (TOLL BROTHERS)(820 90)
Proposal:
Consideration of an application submitted by Toll Brothers, Inc., to establish a gate -guarded
neighborhood for the Capistrano Estates development, Tract 13726. The privacy gate would
be on Camino La Ronda at the entrance into the new development. The new development
is a single tract consisting of 63 single-family homes; all streets within the development are
private. Costs are to be borne by the developer, and maintenance of the gates and streets is
to be the responsibility of the homeowners association.
Applicant:
Toll Brothers, Inc., 2100 West Orangewood Avenue, Suite 180, Orange, California 92668.
Written Communications:
Report dated March 19, 1996, from the Engineering and Building Director, advising that the
application was complete and satisfied the requirements set forth in Title 8 of the Municipal —
Code. The Report recommended approval of the application and, in concept, the gated entry
on Camino La Ronda.
The Engineering and Building Director made an oral presentation
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing, and
there being no response, closed the hearing.
Approval of Gated Neighborhood:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried to approve the application to establish a gated neighborhood at the
Capistrano Estates, Tract 13726, and to approve, in concept, a gated entry at Camino La
Ronda.
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Proposal:
Public Hearing held pursuant to Resolution No. 96-2-20-2, to consider vacating two
easements within the Kaufman and Broad property at the southwest comer of Rancho Viejo
City Council Minutes -6- 03/19/96
Road and Ortega Highway.
necessary since the original
development of the site.
The utility easement and access easements are no longer
need for those easements has been eliminated through
Applicant:
Kaufman and Broad, 10900 Wilshire Boulevard, Los Angeles, California 90024.
Written Communications:
Report dated March 19, 1996, from the Engineering and Building Director, recommending
adoption of the Resolution ordering the vacation of the easements.
The Engineering and Building Director made an oral presentation
Public Hearin:
Notice having been given as required by law, Mayor Hart opened the public hearing, and
there being no response, closed the hearing.
Ordering Vacation of Easements:
It was moved by Council Member Nash, seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO, 96-3-19-6. VACATION OF PUBLIC UTILITY
' EASEMENT AND ACCESS EASEMENT - SAN JUAN SENIOR
HOUSING (ARCHITECTURAL CONTROL 94-5 AND
ARCHITECTURAL CONTROL 94-8/KAUFMAN AND BROAD) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF A
PUBLIC UTILITY EASEMENT AND AN ACCESS EASEMENT
WITHIN ASSESSOR'S PARCEL NOS. 666-241-01 AND 666-241-04,
ALSO KNOWN AS SAN JUAN SENIOR HOUSING
(ARCHITECTURAL CONTROL 94-5 AND ARCHITECTURAL
CONTROL 94-8/KAUFMAN AND BROAD
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The motion carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Council Minutes
Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
None
None
None
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03/19/96
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The Resolution authorized the Mayor and City Clerk to execute both the Resolution and
the Vacation Deed for forwarding to the Orange County Recorder.
RECESS AND RECONVENE
Council recessed at 7:23 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:24 p.m.
AADMINISTRATIVE ITEMS
The following item was taken out of order from the Agenda for the benefit of persons in the audience.
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1. ►l•• T 1 I \l►l I Drill
Written Communications:
(1) Report dated March 19, 1996, from the Planning Director, advising that the proposal
was originally presented to Council on February 6, 1996 and was continued so that
the applicant could revise the design. The project consists of a Site Plan Review for
a 471 -square -foot addition to an existing bunkhouse; construction of a garage to meet
residential parking standards; and, a Land Use Adjustment to allow a 22 -foot six-inch
rear yard setback. The revised plans propose a redesigned roof line and the addition
of cedar board and batten cladding of the support structure underneath the addition.
Staff identified two alternatives for the 2 -car garage proposed northwest of the
bunkhouse: a large one -car garage on the east side of the bunkhouse; or, a one -car
garage in the same location as the proposed 2 -car garage. Staff recommended a one -
car garage in the same location as the proposed 2 -car garage, should Council opt for
a one -car garage.
(2) Letter dated March 18, 1996, from Shigeru Kinoshita, 28901 Via Hacienda, San Juan
Capistrano, in support of Marguerite Kennedy's proposal.
(3) Letter dated March 19, 1996, from Scott C. Looney, 28042 Paseo Aldonza, San Juan
Capistrano, opposing project.
(4) Revised Resolution adding a finding regarding the project's consistency with the Open
Space Preservation District.
Applicant
Marguerite Kennedy, 28012 San Juan Creek Road, San Juan Capistrano.
City Council Minutes -8- 03/19/96
Exhibits were on display and Bill Ramsey, Senior Planner, made an oral presentation. He
' discussed three issues associated with the project: open space development; design of the
garage and the addition; and, location of the garage. He noted that while the City had secured
development rights, the property had remained in private ownership with a Single -Family
Residential District classification. He stated the intent of the dedication of development rights
had been to give the City control, but not to preclude development of the property. He
further noted that as a result of discussions between the applicant and neighboring residents
staff recommended an additional finding in the Resolution which would make a statement of
policy that 10% total buildable area was an appropriate maximum development cap on the
property. He discussed the impacts of staffs two alternatives to the applicant's proposal for
a two -car garage. Staffs suggestions included a single -car garage to be placed in the location
of the proposed two -car garage, or a single -car garage located on the east side of the
bunkhouse. Staff had included a condition in the draft resolution for a one -car garage to be
constructed in the location of the two -car garage.
Public Comment:
(1) Marguerite Kennedy, applicant, 28012 San Juan Creek Road, emphasized that the
addition would not be visible from San Juan Creek Road. She advised that the cedar
siding would be left untreated until it obtained a natural patina and then would be
sealed. She cited support for allowing the two -car garage.
(2) Wally Wade, 28052 Paseo Aldonza, noted his concern that the historical nature and
' open space character of the site be preserved, including the eucalyptus trees. He
requested that the minutes reflect the intent of the Council to preserve the historical
nature and open space character of the site.
CSI
Council Member Campbell and Mayor Hart concurred with Mr Wade's request;
Mayor Hart requested the resolution also reflect that intent. Council Member Jones
inquired if a deed restriction could be placed regarding the size of the structure. The
City Attorney felt that the intent of the resolution was to create conditions that could
be recorded.
(3) Charles Hulse, 31641 Via Quixote, supported the concept of assuring the open space
through a deed restriction.
(4) Nina Mazur, 31692 Paseo Isabella, stated appreciation for Mrs. Kennedy's efforts to
preserve the structure, but cited concerns regarding continued maintenance and
preservation of the site in a reasonable condition.
(5) Tony Forster, 25951 Calle Ricardo, spoke in support of Mrs. Kennedy's proposal,
including the proposal for a two -car garage.
City Council Minutes -9- 03/19/96
001
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(6) Marilyn Thorpe, 27952 Calle Santa Ynez, spoke in support of Mrs. Kennedy's
proposal, noting that Mrs. Kennedy had already begun to beautify the site. She
advised that the Cultural Heritage Commission had requested that the bunkhouse be
included on the City's Inventory of Historic Structures.
(7) Donna Chandler, 28242 Paseo Andante, cited support for a single -car garage to
protect the uniqueness of the bunkhouse, which she felt would be blocked from view
by a two -car garage. She suggested that should a two -car garage be considered,
additional time be allowed before final approval for an analysis of height and view
impacts.
Council Comments:
Council Member Campbell felt that although a two -car garage would block the view of the
bunkhouse when travelling east on San Juan Creek Road, the two -car alternative was best
because it preserved the trees on the site and provided the room for vehicle tum -around on-
site. She further requested that the garage doors remain closed. Council Member Swerdlin
felt the concerns had been mitigated as well as possible. Council Member Jones stated he
would support the proposed project, but noted he would have appreciated an elevation
showing a combination of the garage and proposed structure. He further noted his feeling of
disappointment that the structure had a two-story and contemporary appearance which would
not allow the bunkhouse to be the predominant feature of the site. Council Member Nash
concurred, but noted she would support the project because she had been assured the
structure would not be visible, and modifications to the original proposal had been made
which would minimize impacts to the site. Council Member Nash inquired whether the
finding as set out in the resolution regarding historic preservation of the bunkhouse was
sufficient to assure its preservation. Mr. Ramsey advised that the City had jurisdiction over
any future change. He noted that Mrs. Kennedy had initiated the application to add the
bunkhouse to the City's Inventory of Historic and Cultural Landmarks.
Approval of Site Plan Review 95-6 and Land Use Adjustment 95-1:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin that
the following Resolution be adopted, to specifically include the two -car garage and the
finding suggested for inclusion by staff regarding the floor area ratio, which was
subsequently also included as a condition of approval, as follows:
"The proposed project maintains a floor area ratio of less than 10% consistent with the
Open Space Preservation District based on the dedication of development rights to the City
for "Open space purposes." While the property is zoned Single Family Residential (RS),
the Open Space Preservation (OS) District open area standards are appropriate to the
property."
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093
RESOLUTION NO. 96-3-19-7_ APPROVING SITE PLAN REVIEW 95-6
' AND LAND USE ADJUSTMENT 95-1 - 28012 SAN JUAN CREEK
ROAD (TRACT 9786_ LOT AIKENNEDY) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING SITE PLAN REVIEW 95-6 AND LAND
USE ADJUSTMENT 95-1 FOR A 0.50 -ACRE PARCEL LOCATED AT
28012 SAN JUAN CREEK ROAD, AND MORE PRECISELY
REFERRED TO AS TRACT 9786, LOT A (MARGUERITE KENNEDY)
The motion carried by the following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
The Resolution approved the revised plans; required submittal of an "historical and
architectural survey" of the bunkhouse structure and property to the City within one year
' following issuance of an occupancy permit; and, set a cap on the total buildable area.
CITY MANAGER
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Written Communications:
(1) Revised Report dated March 19, 1996, from the Engineering and Building Director,
advising that three workshops had been held to gain consensus for the overall
Community Center and for the Phase I construction. The Report provided the overall
program for the Center at build -out and two options for Phase I construction. The
workshop participants had indicated a preference for Building Option #1 for the first
phase construction, which consisted of an activity room, a caterer's kitchen, senior
game room, lounge and support space and included the relocation of all senior
activities to be located on one place. The Report described the building components
and five potential processing schedules for the review and approval process. The
recommended processing schedule would accelerate the normal Architectural Review
process by holding a combined Council and Commission worksession and a joint
meeting of all Commissions followed by Council review. Plans and specifications
could potentially be ready for approval by January 21, 1997, with estimated project
' opening in December of 1997.
City Council Minutes -11- 03/19/96
094
(2) Written Comments received from AI Simmons, 32302 Alipaz Street.
(3) Revised Attachment 11 to the staff report, Processing Schedule Option No. 5
Exhibits were on display and Sharon Heider, Open Space Project Manager, made an oral
presentation. She advised that when the process to design the Community Center began,
$934,000 had been budgeted, which would provide approximately 5,000 square feet.
Subsequent allocation of funds brought the total to $1.7 million, which would provide
approximately 9,000 square feet. She reviewed the workshop process and advised that
although only the first phase was recommended for construction, it would include all
infrastructure.
Steve Kendrick of LPA, the architectural firm retained to design the building, reviewed the
community workshops, the building scenarios, the entire building and the two options
proposed for phase 1 construction.
Public Comment.
(1) Al Simmons, 32302 Alipaz Street, Space 135, Community Liaison for the Seniors'
Club, advised that the Seniors' Club would be contributing over $20,000 to the
project and objected that the recommended Option #1 had no office for the Seniors'
Club. He stated additional concerns that the dual usage of the Activity Room would
require elderly citizens to move tables and chairs. He suggested consideration of a
Bond Issue of $5 million to build the total project at one time.
(2) Bruce Smith, President of the San Juan Seniors' Club, 25852 Via Lila, Mission Viejo
92692, urged that the entire Community Center be built at one time.
(3) Marlene Draper, 31141 Via Cristal, felt Option 41 would be best and urged moving
forward with construction.
Council/Staff Comments:
Ms. Heider advised that the area identified as the Part-Time/Club Volunteer support space
had been designed for multi-purpose usage and that space was intended for use by the
Seniors' Club in the morning and by staff in the afternoon for field reservations, etc. She
advised that rules could be applied to require that space used by seniors be set up in advance
for them.
Council Member Campbell noted past experiences with senior nutrition programs in
community centers and urged that the compatibility of that use with other uses be carefully
reviewed before allowing the senior nutrition program to use area in the building. Ms. Heider
advised that those types of programming issues can be returned for a decision in the future.
Council Member Nash stated she did not support the staff recommendation because it did not
address the needs of the full community. She felt that Options 1 and 2 should be combined.
City Council Minutes
12- 03/19/96
095
She cited concern that in the proposed Options the senior nutrition program would occupy
' all the space in the "A" and "B" parts of the community hall and any other use of that space
would be compromised. The rest of the site was dedicated to senior uses, with the exception
of the administrative offices, which appeared to occupy a third of the total area. She felt that
the Options did not provide for or address the needs of the community as a whole. She
concurred that use of the area by the senior nutrition program was a major concern and
should be analyzed further. She cited further concern with the amount of space dedicated to
offices and inquired where other community services offices would be located and whether
space in this facility could be reduced and added at full development of the project. She
stressed her goals to make this a center that meets not only senior needs, but the needs of the
community as a whole.
Council Member Swerdlin stated support for the staffs recommendation, citing his feeling
that the Sports Park and the Community Center proposal would serve the overall community.
In response to Council Member Campbell, Ms. Heider advised that it would cost
approximately $2.7 million to combine Options 1 and 2. Mr. Kendrick noted that combining
the two Options required additional site amenities over and above just the square footage
costs. Council Member Jones stated support for the staffs recommendation, particularly since
it had been derived as a result of community workshops. Mayor Hart concurred that
inclusion of the senior nutrition program in this building should be analyzed. He stated
support for moving the project as quickly as possible.
' Ms. Heider reviewed the proposed scheduling options for the architectural approval process.
Council Member Campbell initiated discussion regarding evaluating the possibility of
combining Building Options 1 and 2 and if that could not be accomplished at this time, then
re-evaluating the administrative space. The City Manager advised that staff would provide
a report on how the cost to combine Options 1 and 2 had been derived, and a breakdown and
explanation of the proposed administrative space.
Approval of Phase I Construction Components/processingSchedule:
It was moved by Council Member Jones, seconded by Council Member Swerdlin and carried
with Council Member Nash voting in the negative to: (1) approve Building Program Option
#1, as favored by the Community Workshop participants, and to direct staff to proceed with
the building design; and, (2) approve Scheduling Option #2 for the approval processing. With
the approval of the second, the motion was subsequently amended to include direction to staff
to: re-evaluate the possibility of combining Building Options 1 and 2; direct that the project
start date for Option 1, or both Options combined, is not delayed; and to provide further
justification for the proposed administrative space
Council recessed at 8:55 p.m., and reconvened at 9:05 p.m.
I
The following item was taken out of order on the Agenda.
City Council Minutes -13- 03/19/96
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COUNCILMANIC ITEMS
ELECTION•T (630.30
Written Communications:
Report dated March 19, 1996, from the Council Services Administrator, forwarding a request
from the Capistrano Unified School District for support of Proposition 203 on the March 26,
1996, Primary Election ballot. If approved, the District would immediately receive $18
million for local schools and be eligible to apply for another $130 million in construction
funding.
Public Comment:
Marlene Draper, 31141 Via Cristal, Vice President of the Capistrano Unified School District
Board of Trustees, urged support of Proposition 203, noting that if the Proposition fails and
the funding is not received, the District will be considering double sessions for its schools.
Supporting Proposition 203 - the School Facilities Bond Measure:
It was moved by Council Member Nash, seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO, 96-3-19-8. SUPPORTING PROPOSITION 203 -
STATE SCHOOL BOND - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING PROPOSITION 203, THE STATE SCHOOL BOND
MEASURE ON THE MARCH 26, 1996, STATEWIDE PRIMARY
ELECTION
The motion carried by the following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
City Council Minutes -14- 03/19/96
097
• • • ' • I IT1_ ►Y N'TeIZ&lolo 161
Written Communications:
Report dated March 19, 1996, from the Management Analyst II, advising that on August 18,
1992, the City entered into an exclusive Franchise Agreement with Solag Disposal. The
agreement had an initial term of seven years. Commencing July 1, 1996, and every year
thereafter, an automatic one-year extension could be applied to the agreement so that the term
remained five years. The agreement allowed for this roll-over provision to be terminated by
providing the contractor with a written notice 90 days prior to July 1, 1996. The Report
included a letter dated March 4, 1996, from Solag Disposal, requesting a 90 -day extension,
to July 5, 1995, of the City's right to terminate the automatic roll-over provisions so that the
City and Solag Disposal would have adequate time to review the result of a rate audit
currently being conducted. The Report further advised that accepting the extension would
not compromise the City's ability to evoke the termination clause; which if evoked, would
establish an Agreement termination date of June 30, 2000.
' Public Comment:
(1) Bill Talley, 30442 Via Cantabria, San Juan Capistrano spoke in favor of the staff
recommendation. He stated that of the 12 automated cities, San Juan Capistrano had
the highest rate. He felt that since Solag Disposal had bid $12 per month in Laguna
Hills for automated trash collection, any other figure proposed to San Juan Capistrano
through the audit presently underway would be suspect.
(2) Thomas Trulis, 32141 Cook Lane, wished to make Council aware that Mr. Talley was
in the employment of Waste Management, Inc. He felt that the audit would show
ways to save money; however, rates for cities had to take into consideration individual
circumstances and could not be compared straight across.
Approval of Request for Extension of Termination Notice Provisions:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to approve a 90 -day extension, to July 5, 1996, of Section 5 of the
Agreement regarding the City's right to provide 90 -day written notice to terminate the
contractor's right to exercise the one-year extension option.
City Council Minutes -15- 03/19/96
1•'
3. DENIAL OF ._ •I��I3�I•J.Jifl�Lef��i • _�. 1
(DANAHILLS HIGH• • (330.20)
Written Communications:
Report dated March 19, 1996, from the City Manager forwarding a "Community Grant
Program Funding Application from Dana Hills High School for Grad Night 96, in the amount
of $3,000. The Report noted that the City had not provided funding for Grad Night activities
over the past 3 years; however, $4,800 remained in this fiscal year Community Promotion
Budget.
Council Comments:
Council Member Jones felt that this item was not a priority expenditure for the City and
should be the responsibility of the parents and students. Council Member Campbell felt it
was not the Council's place to donate taxpayer money to this type of function and Council
Member Nash concurred that this was not an appropriate expenditure. Council Member
Swerdlin felt that the since City spends funds on at -risk youth it would be fair to spend money
on this type of event. However, he recommended that the donation be made in the amount
of $650, rather than $3,000. Mayor Hart concurred.
Denial of Request for Funding:
It was moved by Council Member Jones, seconded by Council Member Campbell that the
request for funding of Grad Night Activities at Dana Hills High School be denied. The
motion carried with Council Member Swerdlin and Mayor Hart voting in the negative.
11;_ •' 1 old 110• A Lei
Written Communications:
Report dated March 19, 1996, from the Administrative Services Director, advising that in
April, 1995, staff had been directed to prepare recommendations for the four historic
properties owned by the City; those being the Harrison House; the Parra Adobe; the
Montanez Adobe; and, the Joel Congdon House. The Report provided background on each
property and a recommendation for future actions.
The Administrative Services Director made an oral presentation.
Affirmation of Staff_ Recommendations:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell and
unanimously carried to approve the following staff recommendations for the four historic
properties:
a. Harrison House: consider an alternate use if the Indian Council ceases to function as
a viable organization or terminates their existing lease.
City Council Minutes -16- 03/19/96
M1
b. Parra Adobe: property should not be considered for sale and should remain in the
' public domain; an updated conditions assessment and funding to stabilize the building
should be budgeted as a future Capital Improvement Project.
C. Montanez Adobe: the property should remain in the public domain as part of the los
Rios Historic Park as originally intended, noting that on March 5, 1996, the City
Council had designated David Whittington and Rita Tanner as volunteer curators for
the Adobe.
d. Joel Congdon House: City/Agency should investigate joint relationships with other
organizations for the restoration and use of the House and a Request for Proposal
process to evaluate the City's opportunities for the House should be initiated.
0 `1► 1 1' 1 ' r .
IUI';• 1 "• •� ' 1�1 �1
Written Communications:
Report dated March 19, 1996, from the Planning Director, advising that the project consisted
of construction of a 10 -inch -diameter gravity sewer line which would replace the Marbella
Pump Station. The project would provide gravity sanitary sewer service to the Marbella and
' Stoneridge neighborhoods. Since the proposed sewer line traverses the historic downtown
area, the City will assure that all grading is monitored by a qualified archeologist
Approval of Mitigated Negative Declaration and Marbella Pump Station Grayly
Sewer Plans:
It was moved by Council Member Nash, seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO, 96-3-19-9_ APPROVING MARBELLA PUMP
STATION GRAVITY SEWER REPLACEMENT .INE PROJECT
(CAPITAL IMPROVEMENT PROJECT 94-718) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND APPROVING THE PUBLIC IMPROVEMENT
PLANS FOR A CAPITAL IMPROVEMENT PROJECT TO
CONSTRUCT A NEW GRAVITY SEWER LINE (MARBELLA PUMP
STATION GRAVITY SEWER)
The motion carried by the following vote:
City Council Mimrtes -17- 03/19/96
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
The Resolution includes the requirement that the "contractor's agreement" contain language
requiring archeological monitoring of the grading operations.
ORDINANCES - None
COUNCILMANIC ITEMS (Continued)
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell advised that July 24, 1996, was the anticipated opening
for the southerly end of the Corridor.
Council Member Jones advised that the next meeting would be held on March 21,
1996.
C. San Juan Basin Author (1050.60)
Council Member Jones advised that the next meeting would be held on April 2, 1996.
d. Orange County Joint Fire authority (540,80)
Council Member Swerdlin noted he was part of a subcommittee which met on
March 14 regarding certain recommendations. As it was appropriate he would report
to Council.
• ,�� . ,�,•-I- • •r 1-31004
Council Member Nash noted there had not been any meeting of the Commission.
She reported that the Sanitation Districts had met with the Board of Supervisors
regarding purchase of the County Landfill System. She advised that the meeting had
not gone well and the Board of Supervisors had appeared to respond negatively to the
proposal.
City Council Minutes -18- 03/19/96
101
COUNCIL COMMENTS
' 1. Measure S on the March 26- 1996 Ballot - El Toro Air Station Re -Use !630.301
Council Member Nash requested that Capistrano Valley News Reporter Daniel Chang make
every effort to place an article in the paper regarding the Council's support of Measure S.
2. Demographics (440.15)
Council Member Swerdlin noted he had attended a Building Industry Association diner on
March 1 Ith where the program had been about demographic changes projected in the next
five years and their impacts on housing sales.
�11
Council Member Swerdlin advised that on March 12 he had attended a luncheon for the State
Games and had been brought up to date on the event to be held on August 9 through
August 11, 1996.
LONEOViriWITTO • • • • - ,� • 1 �1
Mayor Hart inquired whether the City Council would be interested in renaming Descanso
Park to San Juan Capistrano Veterans Memorial Park.
' It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried to find that this item was unavailable prior to publication of the agenda
and consideration was necessary at this time.
Mayor Hart advised the City had a long-term lease on Descanso Park and felt it would be
appropriate to rename the park to honor veterans. Council Member Nash noted the amount
of time and effort that went into naming the City's parks and stated she was hesitant to
rename a part without any input from staff. She felt there might be some place in the City to
name a park in honor of veterans, but felt staff to review the item. Council Member Campbell
supported the idea, but also felt staff should provide input. Council Member Jones supported
the ideal but felt staff should explore the legal aspects involved prior to a decision. Council
Member Swerdlin supported the idea, including staff input, and suggested that the process
be timed so that if Council moved ahead with the renaming of a park, an announcement could
be made at the July 4th celebration.
Review of Legal Aspects/Uprooriate Park Site:
It was moved by Council Member Nash, seconded by Council Member Jones and
unanimously carried to direct staff to report on the legal aspects of renaming Descanso Park;
and, to provide information regarding how parks are named and which parks might be
appropriate for a veteran memorial. The report is to be provided for Council consideration
in a time frame which, if Council determined the action to be appropriate, would allow an
announcement at the July 4th ceremonies.
City Council Minutes -19- 03/19/96
102
The City Manager advised that a recommendation would be requested from Parks, Recreation
and Equestrian Commission, in accordance with the City's Park Naming Policy.
5. Dedication of Sports Park (530.40)
Council Member Campbell asked the Director of Community Services to provide an update
on the Sports Park Dedication. Mr. King advised that the dedication may be combined with
the July 4th activities; staff was continuing to work with the Council subcommittee members
Jones and Campbell.
CLOSED SESSION
Council recessed to a Closed Session at 9:37 p.m. for the following purposes, as authorized by
statute:
Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Jose Vasquez v. City of San Juan Capistrano;
2. Public Employees Performance Evaluations per Government Code Section 54957 for review
of the positions of City Manager and City Attorney.
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
The City Clerk was excused from the Closed Session and the meeting reconvened at 11:05 p.m.
ACTIONS FOLLOWING CLOSED SESSION
Mayor Hart advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:05 p.m. to the
next regular meeting date of Tuesday, April 2, 1996, at 7:00 p.m. in the City Council Chambers.
ATTEST:
WYAT T, MAYOR
City Council Minutes -20-
Respectfully submitted,
6&—,cX4 1�� 6��
CHERYL JOI&SOWCITY CLERK
03/19/96