96-0820_CC_Minutes_Regular Meeting266
AUGUST 20, 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Dick Dillender of the Capistrano Valley
Baptist Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collett Campbell, Council Member
Gil Jones, Council Member
ABSENT: Carolyn Nash, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denbalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga,
Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan,
Chief of Police Services; Nancy Bernardi, Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously
carried that all Ordinances be read by title only.
Mayor Hart noted the following donations made to the City: Refreshments for the June 26
After School Dance and the July 24 "Wacky Olympics" from the EI Pollo Loco located on
Golden Lantern in Dana Point; milkshake certificates for the After School Sports Program
from Jack-in-the-Box; and cheeseburger coupons for the After School Sports Program from
McDonald's. Mayor Hart also acknowledged the volunteer efforts by Augustine Garcia for
taking it upon himself to repair the broken drinking fountain in Los Rios Park.
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Written Communication:
Report dated August 20, 1996, from Carole Jacklin, Council Services Administrator,
regarding the live -saving efforts by twelve -year-old Guillermo Pineda when he rescued a
three-year-old boy from drowning on June 25, 1996.
Mayor Hart presented Guillermo with a Medal of Courage and Community Service Award
in recognition of his composure and quick action.
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner and Bffi Sonka (Planning Commission), Pauline Leonard (Parks, Recreation, and
Equestrian Commission), Bill Hardy and Don Tryon (Cultural Heritage Commission), Tom
Facon (Chamber of Commerce), and Al Simmons (senior liaison to the City).
ORAL COMMUNICATIONS
Greg Weiler, 31061 Corte Aurora, submitted a petition signed by 416 homeowners living in
the area of San Juan Creek Road in opposition to the proposed development of the Creekside
equestrian property into a church/school facility. Mr. Weiler expressed concern that
converting a very low use to a very high use would result in a potential increase in traffic,
crime, and noise, as well as a decrease in property values. He advised that the attorney for
the church contacted him last week regarding the church's decision to withdraw the proposed
application. He suggested that City staff provide guidance to potential developers of the
property with regard to appropriate uses for the area.
Mayor Hart expressed disappointment that his previous offers to meet with homeowners to
discuss this issue were never accepted. He stated that the City had no position to take in this
matter since an application for development of the property had not been filed with the City.
He emphasized that the role of the City Council was to balance the rights of property owners
vs. the impacts to neighboring areas and that the City cannot involve itself in negotiations
between two private parties. He noted that any application for a rezone would require public
hearings to address everyone's concerns, including environmental impacts, and that
homeowners in the area would have been notified of these meetings. He reiterated his offer
to meet with homeowners to ensure they receive correct information regarding this matter and
suggested they could also contact John Greiner, Planning Commissioner, who lives in that
area, or City Hall to clarify any rumors.
Mr. Denhalter emphasized that the City could not take a position on any matter until all
material had been received and read and opinions on both sides heard.
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Council Member Jones noted that City staff had sent a letter to the church advising them of
the extensive process involved in pursuing an application for a different use of the property.
Mr. Denhalter advised that the letter was sent to the church following concerns raised at an
earlier public meeting, and the City Manager later called the developer to confirm the
procedures for a rezone application. Mr. Scarborough indicated that the letter sent by the
City was a public document which could be provided to interested parties upon request.
Council recessed at 7:37 p.m. and reconvened at 7:41 p.m.
Lei M I ► LWARIN 1► 1 1
MULTI -CULTURAL ARTS SERIES (150.60)
Sundarajan Mutialu, Chairman and Program Director of the San Juan Capistrano
Multicultural Arts Series, expressed appreciation to the City Council and City staff,
particularly Messrs. Scarborough and King, for their assistance and support of the Series and
the Library. He noted that the Series has received several awards from various arts
organizations. He presented Mayor Hart with a framed poster in appreciation of the City's
support and invited the Council to attend upcoming programs.
' 3. TRAFFIC CONCERNS- SAN JUAN CREEK ROAD (590,50)
Tom Breen, 28041 Paseo Aldonza (Hidden Mountain), expressed concerns regarding existing
traffic problems along San Juan Creek Road that have been exacerbated with the construction
of the new preschool. He urged the City Council to carefully study the traffic problems in the
area and recommended that a professional traffic control person be hired to help direct traffic
and children. He felt that the project to widen San Juan Creek Road would not resolve the
problems.
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Al Simmons, 32302 Alipaz Street, Space 135, commended Cynthia Pendleton and her staff
for the sound, conservative investment strategy, and took exception to an August 19, 1996,
Register newspaper article indicating San Juan Capistrano was one of a number of Orange
County cities showing a loss in their portfolio. He further indicated that while there was an
unrealized profit in the City s investments, when the investments matured there would not be
a loss.
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Helen McCarthy, 31086 Via San Vicente, President of Capistrano Gardens Homeowners
Association No. 2, advised that their board of directors voted unanimously to support the
homeowners along Via San Vicente who have been negatively impacted from the Corridor
widening project because soundwalls were not constructed as promised by the Transportation
Corridor Agency. She noted that in 1991 she had viewed 16 -foot -high soundwall prototypes
at the Corridor office and been assured they would successfully filter the noise impacts. She
noted that in 1994, she received a letter from a Parsons Transportation Company advising
that a concrete block soundwall would be constructed 10 to 14 feet in height, downsized from
the original 16 feet. She stated that the City's concern with aesthetics resulted in the
construction of an ineffective combination of dirt berms and soundwalls. She advised she had
spoken with a Mr. Fred Greavy this date, who had been engaged by the Transportation
Corridor Agency to conduct noise studies. He had advised her that a previous letter
indicating that the current situation achieved acceptable noise levels had been incorrect and
that he will continue sound testing in the neighborhood. She stated that the noise level at her
property is at a completely unacceptable level. She stated that the dirt berm was unacceptable
and noted her intention to acquire the promised sound -proof wall. She further questioned the
City's intent in changing the soundwall design and urged the City work with the
Transportation Corridor Agency to do what should be done to mitigate noise impacts.
Mr. Huber explained that the engineering design company hired by the contractor to perform
studies had designed 16 -foot high soundwalls. However, the City was concerned about
aesthetics and negotiated the substitution of earthen berms for the soundwalls, based upon
the assurances that the berms provided better soundproofing than soundwalls. He noted the
City had never intended that there be less sound attenuation provided than initially promised.
He stated that the sound consultant had recommended that a longer study be conducted, and
a new study will be financed by the Transportation Corridor Agency. He stated that
Transportation Corridor Agency had advised him that if the sound level standards were not
met the contractor would be required to mitigate the noise impact to an acceptable level.
Mayor Hart assured Ms. McCarthy that additional noise attenuation studies would be
conducted by the Transportation Corridor Agency and that City staff would keep her
informed; further, if the studies showed the noise at an unacceptable level the situation would
have to be corrected. He advised that early in the process the City had been informed that
the San Joaquin Hills Transportation Corridor would be built by eminent domain if necessary.
The Council had felt it was better to work with the Transportation Corridor Agency to obtain
the best mitigation measures possible.
Marcia Talbot, 31126 Via San Vicente, expressed strong concern about the level of noise at
her property, as well as safety concerns with people trespassing across her property from the
freeway.
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Patricia Hope, 31084 Via San Vicente, advised that the soundwall as constructed ended just
' short of her property. She stated that noise levels had not been mitigated and felt she had
received no satisfaction from City staff or the Transportation Corridor Agency. She added
that people have also trespassed across her property, and she was concerned about her safety.
Jim Peacock, 31064 Via San Vicente, noted that his property was located at the north end of
the street, and that increasing noise levels had prevented the sale of his property for over six
years. He presented the City with documents he sent to Congressman Packard regarding his
situation.
Kathleen Petersen, 31121 Via Santo Tomas, Vice President of Capistrano Gardens
Homeowners Association No. 2, requested that a soundwall be constructed as originally
promised.
Virginia Hoffman, 31071 Via San Vicente, indicated that noise levels had increased
significantly, even with windows closed and even though her property does not back up to
the freeway. She urged that a soundwall be constructed.
Council Member Jones stated that he and Council Member Nash served on the City's ad hoc
committee to negotiate soundwalls with the Transportation Corridor Agency. Both noise and
aesthetics were of concern, and he advised that earthen berms were an option they chose
because the berms would allow the heights of soundwalls to be reduced, would provide equal
or better sound attenuation, and could be planted with landscaping to improve aesthetics.
Mayor Hart requested City staff to continue working with the Transportation Corridor
Agency and keep these residents informed of the noise attenuation studies and plans for
mitigation.
[II[I)IMIMILWA
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 Campbell, Jones, Swerdlin, and Mayorl Hart
NOES:
None
ABSENT: Council Member Nash
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The Minutes of the Regular Meeting of July 16, 1996, were approved as submitted.
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The List of Demands dated July 31, 1996, in the total amount of $738,465.30 was received
and filed.
The City Treasurer's Report of Investments as of July 31, 1996, in the total amount of
$10,871,288.95 was received and filed.
The Report dated August 20, 1996, from the Planning Director, advising that three new
development applications were received by the City since the last report of July 16, 1996, was
received and filed.
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PAVING • i' ►!.) (600,30
As set forth in the Report dated August 20, 1996, and the Memorandum dated August 16,
1996, from the Engineering and Building Director, the following Resolution was adopted
declaring the construction of the temporary Vereda Bikeway connection upstream of
Interstate 5 to be complete:
RESOLUTION NO 96-8-20-1 COMPLETION OF VEREDA BIKEWAY
IMPROVEMENTS W LIED PAVING) - 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 VEREDA BIKEWAY IMPROVEMENTS
(ALLIED PAVING).
The Resolution accepted the work as complete in the amount of $26,595 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 5% retention in the amount of $1,329.75 thirty-five (35) days after recording
the Notice of Completion.
As set forth in the Report dated August 20, 1996, from Douglas Dumhart, Management
Analyst II, the contract for the installation of electric service and 42 light fixtures at the
Texaco, Love, and Mitchell parking lots located off El Camino Real was awarded to the —
lowest responsible bidder, Lake Forest Electric, in the amount of $105,821. Staff was
authorized to appropriate $48,000 from the Parking Maintenance Fund to Account No.
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12-xxxxx4731-144 to cover funds not budgeted for this project, contingencies, and staff time
for oversight and inspections. All other bids were rejected. The City Manager had been
previously authorized to execute the contract on behalf of the City.
7. RELEASE OF MEMORANDUM OF AGREEMENT - DEFERRAL OF FEE .
ARCIUTECTURAi CONTROL 85-03 (SAN JUAN CORPORATE PLAZA)
(600,60)
As set forth in the Report dated August 20, 1996, from the City Clerk, the Release of
Memorandum of Agreement was approved releasing San Juan Corporate Plaza from
conditions placed on the title for deferral of fees, which were paid in 1988. The Mayor was
authorized to execute the document on behalf of the City, and the City Clerk was directed to
forward the document to the County Recorder.
As set forth in the Report dated August 20, 1996, from the Engineering and Building
Director, the following Resolution was adopted approving the application for grant funds
from the National Recreational Trails Fund Act of 1991 for funding the completion of trails
on the City's Priority List and the maintenance of existing trails. The amounts requested by
the City are $167,000 for the 1996 allocation and $75,000 for the 1997 allocation.
' RESOLUTION NO, 96-8-20-2. APPROVAL OF APPLICATION FOR
,RANT _ NATIONAL RECREATIONAL TRAILS FUND ACT OF
199 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE STEVE SYMMS
NATIONAL RECREATIONAL TRAILS FUND ACT - FISCAL YEARS
1996 AND 1997.
As set forth in the Report dated August 20, 1996, from the Administrative Services Director,
the following Resolution was adopted establishing the 1996-97 fiscal year appropriation limits
in the amount of $27,297,094:
RESOLUTION NO. 96-8-20-3. ESTABLISHING APPROPRIATION
LIMITS - FISCAL YEAR 1996-97- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITS (GANN
LIMIT) FOR THE 1996-97 FISCAL YEAR.
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CHARGES.1996-97 • • 'TERRACE) 1
(CONTINUED FROM AUGUST 6- 1996)
Proposal:
Consideration of proposed annual Landscape Maintenance District assessments for Tract
9382, Belford Terrace. This item was continued from the meeting of August 6, 1996.
Written Communications:
(1) Report dated August 20, 1996, from the Director of Public Lands and Facilities,
advising that a public meeting would be held August 13, 1996, and that the final
recommendation for assessments would be provided for consideration prior to the
August 20th Council meeting.
(2) Memorandum dated August 14, 1996, from the Director of Public Lands and
Facilities, recommending that landscape maintenance charges be assessed for Tract
9382 in the amount of $360 per property based on a consensus reached at a meeting
held with Belford Terrace homeowners on August 13, 1996.
Mr. Arraiiaga reported on the meeting held with Belford Terrace homeowners on August 13.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Confirming Costs:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO 96-8-20-4 CONFIRD/IING COST REPORT - 1996
LANDSCAPE MAINTENANCE DISTRICT - BELFORD TERRACE
(TRACT 9382) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
COST REPORT FOR 1996 LANDSCAPE MAINTENANCE DISTRICT
CHARGES IN THE CITY OF SAN JUAN CAPISTRANO (TRACT 9382).
The motion carried by the following vote:
City Coumil Minutes
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Member Nash
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The Resolution confirmed the 1996 Landscape Maintenance District assessment for Tract
' 9382, Belford Terrace, in the amount of $360 per home and authorized the County Assessor's
Office to include the charges on the Property Tax Roll.
RECESS AND RECONVENE
Council recessed at 8:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:26 p.m, as the City Council.
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Council Member Jones indicated that although his residence/business is located within 300
feet of some areas in the proposed lighting program, he felt there was no conflict of interest
and indicated he would participate.
Written Communication:
Report dated August 20, 1996, from Mechelle Lawrence, Economic Development
Coordinator, forwarding three options to the City's Downtown Pedestrian Lighting Program
' for Council consideration. The areas targeted by the Program are located along Camino
Capistrano and El Camino Real from Acjachema to Del Obispo Street. Option "A" is defined
as Eclectic (street poles, building -mounted fixtures, and bollards), Option `B" as Bollards
Only, and Option "C" as Poles Only. Staff recommended approval of Option "A" because
of its uniform illumination, compliance with handicap access requirements, and its sense of
comfort and security for pedestrians.
Council Member Jones inquired whether the City or the property owner would be responsible
for maintaining the fixtures and replacing bulbs in Option "A." Mechelle Lawrence,
Economic Development Coordinator, advised that issues such as maintenance, location of
fixtures, lighting objectives, etc., would be addressed when staff returned with the design
concept.
Council Member Swerdlin noted that he had been a merchant in the downtown area for
thirteen years and had always been concerned about the unattractive light levels in that area.
He felt that the proposed lighting program was a step in the right direction to maintain the
character of the downtown business district.
Approval of Option to Downtown Pedestrian Lighting Program:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that staff be directed to implement Option "A" for the Downtown
Pedestrian Lighting Program and return to the City Council with design concepts for further
' consideration.
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WrittenCommunication:
Report dated August 20, 1996, from Julia Kimnvnau, Management Analyst II, recommending
that the current position of Economic Development Coordinator, held by Mechelle Lawrence,
be renamed to Economic Development Administrator and that the salary range be established
for the position.
Adoption of Resolution Amending the ity's Personnel Classification and
Compensation Plan and Setting Salary Range for the Position of Economic
Development Administrator:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO 96-8-20-5. AMENDING RESOLUTION NO,
94-12-6-5 THE ITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (ECONOMIC
DEVELOPMENT ADMINISTRATOR)
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Member Nash
The Resolution renamed the current position of Economic Development Coordinator to
Economic Development Administrator and set the salary range of $3,900-$4,741 for the
position effective April 26, 1996,
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Written Communication:
Report dated August 20, 1996, from the Planting Director, recommending that City Council
Policy No. 603 be modified to clarify the types of historic properties eligible for waiver of
City fees. The Report noted that all other aspects related to listing of properties, review of
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projects proposing alterations, and additions or rehabilitation of properties listed on the City's
Inventory of Historic and Cultural Landmarks would remain the purview of the Cultural
Heritage Commission and the Planning Commission.
Approval of Revision to City Council Policy No. 603, Historic Preservation:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that
City Council Policy No. 603, Historic Preservation, be revised as proposed by staff to clarify
the types of historic properties eligible for waiver of City fees. The motion was carried by a
3-0-1 vote, with Council Member Jones abstaining due to a potential conflict of interest.
Written Communication:
Report dated August 20, 1996, from the Planning Director, recommending that the request
by the Chamber of Commerce be approved to modify the Los Rios Entry Plaza. The
proposed modifications include replacing the existing surface (rammed earth) with the same
materials used on the pedestrian walkways of the Entry Plaza (river rock, broken brick, and
tiles). The Report noted that this project would be entirely financed with funds raised by the
Chamber of Commerce.
Public Comments:
In response to an inquiry by Council Member Swerdlin, Brian Baldridge, President of the
Chamber of Commerce, indicated he was unsure when they would be able to comply with the
recommended conditions on the project. He noted that the Chamber will actively seek
funding and donations to completely finance the project and then obtain a permit from the
OCTA to work in their right-of-way.
Approval of Modifications to Los Rios Entry Plaza:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
request by the Chamber of Commerce be approved to modify the Los Rios Entry Plaza,
subject to the following conditions:
(1) The improvements shall consist of similar materials and finishing techniques to match
the pedestrian walkways of the existing Entry Plaza.
(2) The Chamber of Commerce shall obtain a permit from the Orange County Transit
Authority to work in the right-of-way.
(3) The Chamber of Commerce shall demonstrate that adequate funding and materials are
available to complete the project prior to the issuance of a permit.
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The motion was carried by a 3-0-1 vote, with Council Member Jones abstaining due to the
proximity of his residence/business to the subject project.
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WOODROW HOMES- INCJ (330,20)
Written Communication:
Report dated August 20, 1996, from the Engineering and Building Director, recommending
that the in -lieu park and recreation fees amounting to $236,200 from Taylor Woodrow
Homes, Inc., approved by the City Council on July 16, 1996, be allocated to the construction
of the meeting and conference rooms in the Community Center, Phase 1.
Sharon Heider, Open Space Project Manager, advised that the Cultural Heritage Commission,
at their meeting held August 19, forwarded a recommendation to approve the proposed
allocation of park in -lieu fees. She stated that this project is tentatively scheduled for review
by the Planning Commission at their meeting on September 24, 1996. Current and proposed
floor plans were on display.
Approval of Allocation of Park and Recreation Fees for Community .enter:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the in -lieu park and recreation fees to be received from Taylor
Woodrow Homes, Inc. amounting to $236,200 be allocated to the construction of the
meeting and conference rooms in the Community Center, Phase 1.
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WrittenCommunications:
(1) Report dated August 20, 1996, from the Engineering and Building Director,
recommending denial of the request from Mr. Steve Dafnis, 29542 Spotted Bull Lane,
to waive plan check and permit fees totaling $1,914.90 to construct a soundwall
approximately 381 lineal feet around his property to mitigate noise from the
transportation corridor. Staff based its denial on the precedent that would be set by
granting the waiver, the lack of compelling, City-wide interest in the project, and the
costs that would be bome by the City.
(2) Memorandum dated August 19, 1996, from the Engineering and Building Director,
clarifying Mr. Dafnis' agreement with the California Corridor Constructors. The
Report recommended denial of the request to waive fees based on findings that the _
California Corridor Constructors agreement provided $150,035.82 for reimbursement
of construction costs and costs for plan preparation, review and City permits.
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Mr. Dafnis had requested an advance from the California Corridor Constructors to
' cover City fees and had submitted a construction bid to the California Corridor
Constructors for the remainder of the funds.
Mr. Huber explained that the soundwall was a required mitigation measure and the property
owners had been given a choice of allowing the Transportation Corridor Agency to construct
the wall on Agency property or to construct the wall themselves on their private property.
Mr. Dafnis had chosen to construct the wall himself, which required plan check and inspection
services from the City. Mr. Huber explained that Mr. Dafnis felt he should not be charged
plan check and permit fees since the soundwall was a required mitigation. However, it was
the City's position that these fees should be paid since they were being reimbursed from funds
provided to Mr. Dafnis through his agreement with the California Corridor Constructors.
Steve Dafnis, 29542 Spotted Bull Lane, clarified his belief that the City had already received
all fees due on the Corridor project, including mitigation projects, which indicated to him that
fees were being paid twice for the same mitigation measure. He explained that when he
applied for the permit to construct the soundwall himself, the California Corridor
Constructors agreed to reimburse him $150,000 for constructing the wall himself. He noted
that this amount was based on California Corridor Constructors's costs to build the wall, and
did not include fees for permits, soils reports, surveys, etc. He noted that the California
Corridor Constructors would not provide him with their reports because of liability issues.
Therefore, he would be incurring expenses over the $150,000 for preparation of new reports,
' for remarking of his property lines, since the California Corridor Constructors had removed
the previous markers, and for relocation of an SDG&E facility.
Council Member Campbell suggested that the fees be reduced in half.
Mr. Huber stated he could only pass along the representations of the California Corridor
Constructors, and that was that the $150,000 was intended to cover construction of the wall
as well as the City's processing fees. In addition, the California Corridor Constructors had
received a quote from Mr. Dafnis for costs to cover the wall with $10,000 lett over for
processing fees. He suggested that a waiver of fees be considered only after the California
Corridor Constructors had received a final accounting from Mr. Dafnis to determine what
excess costs there might be, and to at least cover the City's out-of-pocket cost of
approximately $360 for consultant geotechnical review. Council Member Campbell
concurred. Council Member Jones felt that Mr. Dafnis should provide an itemized statement
of his costs and then give him due consideration. Mayor Hart felt that Mr. Dafnis should
reimburse the City for its out-of-pocket costs. Council Member Swerdlin supported a fair
sharing of costs.
Approval of Partial Waiver of Fees:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
unanimously carried that planning fees be reduced in half, from $1,914.90 to $957.45, for
' Steve Dafiris' construction of a soundwall to mitigate noise from the transportation corridor.
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Written Communication:
Report dated August 20, 1996, from the Engineering and Building Director, recommending
approval of a request from Charles Benninghoff, owner of Plaza De Las Golondrinas located
at the northwest corner of Ortega Highway and Rancho Viejo Road, to delete Condition
No. 2, Page 2, of Resolution No. 92-10-6-3 in its entirety. The condition required the posting
of a bond estimated at $5,000 for left -tum access restrictions for the project. Staff based its
recommendation on the lack of technical issues to support such a condition with regard to left
turns exiting the site.
The applicant, Charles Benninghoff, spoke in support of the staff recommendation.
Approval to Delete Condition No 2 of Resolution No 92-10-6-3 for Plaza De Las
Golondrinas:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that Condition No. 2, Page 2, of Resolution No. 92-10-6-3 be deleted
in its entirety based on the lack of technical issues to support such a condition.
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COMPLY WITH FEDERAL COMMl ONS COMMISS10—
REGULATIONS(420,30) ••' •
Written Communication:
Report dated August 20, 1996, from the City Clerk, advising that the Ordinance was
introduced at the meeting of August 6, 1996, 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 Jones, seconded
by Council Member Campbell, that the following Ordinance be adopted:
City Coupon Nfin.�
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ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, SECTION 9-3.609 OF THE
MUNICIPAL CODE TO MODIFY THE PROVISIONS FOR HAM RADIO
OR OTHER ANTENNAS IN ACCORDANCE WITH THE FEDERAL
COMMUNICATIONS COMMISSION REGULATIONS AND TO
INCLUDE PROVISION FOR WIRELESS COMMUNICATION
FACILITIES.
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280
The motion carried by the following vote:
AYES:
NOES:
F_\:3.y�ON
Council Members Campbell, Jones, Swerdlin, and Mayor Hart
None
Council Member Nash
mill U I 1 I ul J►I I' • Il
Written Communication:
Report dated August 20, 1996, from the City Clerk, advising that the Ordinance was
introduced at the meeting of August 6, 1996, 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 Jones, seconded
by Council Member Swerdlin, that the following Ordinance be adopted:
111 •' I►: ►• 1:19 1 1► • • W;I u111 17,
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE
9, CHAPTER 3, SECTION 9-3.603 OF THE MUNICIPAL CODE TO
ESTABLISH REVISED STANDARDS FOR SIGNS WITHIN THE CITY.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Member Nash
• 1 1
Written Communication:
Report dated August 20, 1996, from the City Clerk, advising that three persons had taken out
Nomination papers for the two City Council seats for the November 5, 1996, General
Municipal Election and that the nomination period had been extended to August 14, 1996.
1
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Ms. Johnson reported that as of the close of the nomination period, three residents returned
their Nomination papers for the two City Council seats for the November election.
a. Oranize County Joint Fire Authority (540.80)
Council Member Swerdlin noted that he would not be able to attend the meeting
scheduled for August 22, which will include a Closed Session. Mayor Hart indicated
he would attend as alternate.
b. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin advised that he would provide a report to the Council at
the September 3 meeting on the JPIA meeting scheduled for August 28.
COUNCIL COMMENTS
• d►1•� •► •' . • •1
Council Member Jones commended Mayor Hart on his recent appointment as District
Director for Congressman Ron Packard.
CLOSED SESSION (610,851
Finding_for Consideration of Off -Agenda Item:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried to find that the following item was not available prior to publication of
the Council agenda and consideration was necessary at this time: Conference with Real
Property Negotiator per Government Code Section 54956.8 for property located at the
intersection of Camino Capistrano and Junipero Serra Road, Parcel No. 649-361-02, with
Vestar Development Company as the negotiating party, to consider price and terms of
payment.
Council recessed to a Closed Session at 9:27 p.m. for:
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(6), for significant exposure to litigation in three cases, and Government Code
Section 54956.9(c), the initiation of litigation in two cases;
2. Conference with Labor Negotiator per Government Code Section 54957.6, with the City
Manager in discussion with the Classified Employees Unit; and
3. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at the intersection of Camino Capistrano and Junipero Serra Road, Parcel
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No. 649-361-02, with Vestar Development Company as the negotiating party, to consider
price and terms of payment.
The City Clerk was excused therefrom, and the meeting reconvened at 10:00 p.m.
1 1 / I /♦1► / 1 I�
Mr. Denhalter advised that with regard to item #3, the Council had been presented with an offer from
Vestar Development Company to purchase the parcel. The Council unanimously declined the offer
and directed the City Manager to place the property on the market for possible sale. There was no
action to report on the remaining two items.
There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the
next regular meeting date of Tuesday, September 3, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
' C RYL JO"ON, CITY CLERK
ATTEST:
WYATT ffXRT, MAYOR
City Council Minutes -17- 8/20/96