96-0917_CC_Minutes_Regular Meeting296
SEPTEMBER 17, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen of St. Margaret of
Scotland Episcopal 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, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arraoaga,
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 Swerdlin, and unanimously
carried that all Ordinances be read by title only.
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Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner and Bill Sonka (Planning Commission), Mike Rosenberger (Transportation
Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), Bill Hardy
and Don Tryon (Cultural Heritage Commission), Tom Facon (Chamber of Commerce), and
Al Simmons (seniors liaison to the City).
O._• COMMUNICATIONS
► O►
(CITY COUNCYL/COMMUNITY REDEVELOPMENT GE►C
1. VENDOR J • ► I ►I • ; ul ►r
Mario D. Pe4 32224 Paseo Carolina, informed the Council of a call made by Diane Ramirez,
' resident of the Casa de Capistrano neighborhood, on September 2, 1996, to the Sheriff's
Department requesting code enforcement assistance with a vendor on private property. He
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stated that Miss Ramirez was advised by Deputy Kennedy that the Sheriffs Department does
not handle vending violations on private property, and a police report was not taken. He
stated that the Deputies left Casa de Capistrano to handle a vendor complaint at the Hunt
Club, a private gated community. He requested that this matter be investigated.
Mr. Scarborough advised that trespassing, not vending, violations are handled by the Sheriff's
Department. He indicated he would speak with Lt. Sullivan and clarify this matter with
Mr. Pena.
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, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of August 20, 1996, were approved as submitted.
Council Member Nash abstained due to her absence at the August 20 meeting.
The List of Demands dated August 28, 1996, in the total amount of $176,817.22 was
received and filed.
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The City Treasurer's Report of Investments as of August 31, 1996, in the total amount of
$10,675,162.28 was received and filed.
The Report dated September 17, 1996, from the Planning Director, advising that no new
development applications were received by the City since the last report of August 20, 1996,
was received and filed.
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5 USOL TIO REQUESTING FUNDING FOR DESIGN AND/OR
' CONSTRUCTION OF SIX DIFFERENT PROJECTS FROM THE ORANGE
COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM (94045)
As set forth in the Report dated September 17, 1996, from the Engineering and Building
Director, the following Resolution was adopted requesting funding for the design and/or
construction of the following six projects from the Orange County Combined Transportation
Funding Program:
(1) Camino Las Ramblas Retaining Wall at Via California
(2) San Juan Creek Road Widening from La Novia Avenue to Calle Santo Domingo
(3) Ortega Highway Widening from Interstate 5 to Rancho Viejo Road
(4) San Juan Creek Road Widening from Camino Capistrano to Forster Canyon Road
(5) Camino Capistrano/Oso Road Traffic Signal
(6) Rancho Viejo Road/Spotted Bull Lane Traffic Signal
RESOLUTION NO 96-9-17-1- APPROVING SUBMITTAL OF
IMPROVEMENT PROJECTS - COMBINED TRANSPORTATION
FUNDING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE SUBMITTAL OF SIX IMPROVEMENT PROJECTS TO THE
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING
' UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM.
6 RESOLUTION r TT ION GRANTING MAINTENANCE EASEMENTS FOR
LANDSCAPING AND SLOPE IMPROVEMENTS WITHIN CITY OPEN SPACE -
T ACT 13726 GLEND i E FEDERAL AREA H SOUTHERLY TERMINUS
CAMINO LA RONDA (CAPISTRANO ESTATES/TOLL BROTHERS)
As set forth in the Report dated September 17, 1996, from the Engineering and Building
Director, the following Resolution was adopted 1) granting easements to The Estates at San
Juan Capistrano Homeowners Association for ongoing maintenance of landscaping and slope
improvements located within City open space; and 2) requiring the installation of perimeter
fencing.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, GRANTING EASEMENTS TO THE
ESTATES OF SAN JUAN CAPISTRANO HOMEOWNERS
ASSOCIATION FOR LANDSCAPE MAINTENANCE PURPOSES
WITHIN CITY -OWNED OPEN SPACE ADJACENT TO TRACT 13726
(TOLL BROTHERS/GLENDALE FEDERAL AREA H)
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The Resolution granted easements for Areas A-1, Landscape Area Adjacent to Equestrian
Trail; C-1, Fuel Modification; E-1, Open Space; F-1, Open Space; G-1, Open Space; H-1,
Open Space; Lot I, Fuel Modification; K-1, Open Space; Lot L, Fuel Modification; Lot O,
Fuel Modification; and, 0-1, Open Space. The Mayor and City Clerk were authorized to
execute the easement documents, and the City Clerk was directed to forward the executed
easement documents to Mr. Brian Johnson, representing Toll Brothers, for recording.
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As set forth in the Report dated September 17, 1996, from the Engineering and Building
Director, the requests by the Loma Vista Owners Association were approved to 1) waive
actual costs for plan checking and inspection, not to exceed $10,000, for drainage
improvements within the Loma Vista Owners Association's boundaries; and 2) reimburse the
Association $4,950 from the 1996-97 Capital Improvement Program for Street Maintenance
Project No. 119 for reconstruction of two parkway culverts on Via Cerro Rebal, a public
street, by the homeowners association.
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As set forth in the Report dated September 17, 1996, from the Engineering and Building
Director, the following Resolution was adopted:
RESOLUTION NO. 96-9-17-3. COMPLETION OF CERTAIN
IMPROVEMENTS AND RELEASE OF CORRESPONDING BONDS -
TRACT 14398. SAN JUAN VILLAS L.P. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN
ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF STORM DRAIN AND SEWER
IMPROVEMENTS AND PARTIAL COMPLETION OF STREET
IMPROVEMENT WORK WITHIN TRACT 14398, SAN JUAN VILLAS
L.P.
The Resolution declared the storm drain and sewer improvements to be 80% complete,
reduced the street improvement bond by 80% (from $503,104 to $150,000), accepted storm
drain and sewer improvements within Tract 14398, and authorized the release of
corresponding bonds from San Juan Villas L.P. The City Clerk was directed to file a Notice
of Completion with the County Recorder. Staff was authorized to release the remaining
surety in the amount of $150,000 thirty-five (35) days after recording the Notice of
Completion.
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9, DENIAL OF CLAIM - DAMAGES (INGHAM) (170,10)
The Claim for Damages filed by Jeanne Ingham was denied in its entirety, as set forth in the
Report dated September 17, 1996, from the City Attorney.
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As set forth in the Report dated September 17, 1996, from the Engineering and Building
Director, the Consultant Services Agreement with CGvL Engineers was approved, in an
amount not to exceed $93,878, formalizing the ongoing development of mitigation measures
for the San Juan Creek sewer break in response to the Corps of Engineers and Fish & Wildlife
Services. The Agreement was approved as a "sole source" contract with CGvL Engineers
for the term ending June 30, 1997. The Mayor was authorized to execute the Agreement on
behalf of the City, and staff was authorized to allocate funds for the project from the Sewer
Enterprise Fund.
1. REVIEW OF PROPOSED COMMIJNITY CENTER CONCEPT PLAN AND
REQUEST FOR ZONE VARIANCE 96-06 - SAN JUAN CAPPISTRANO
COMMUNITY CENTER AND SPORTS PARK CAPITAL_. IMPROVEMENT
' PROJECT NO. 451 (CITY OF SAN JUAN CAPISTRANO)(460,60)
Proposal:
Consideration of 1) revised Concept Development Plans for the Community Center project
at the San Juan Capistrano Community Center and Sports Park; and 2) a Zone Variance for
height to permit the construction of a 44 -foot high roof element on the gymnasium building
rather than the permitted 35 feet.
Applicant:
City of San Juan Capistrano
Sharon Heider, Project Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated September 17, 1996, from the Planning Director, forwarding
background information and an analysis of the requested variance and the revised
plans. The proposed revisions to the Concept Development Plans include a 44 -foot
high roof element on the gymnasium building; a gable design for the west elevation
roof, use of a shiplap wood design for the Community Center instead of the
previously proposed horizontal board and batten element; use of open columns and
trellis and deletion of wing wall on the gymnasium building; overhangs for all pitched
roofs; consideration of materials that look like wood but have less maintenance; the
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301
creation of a multi -use courtyard; and improved accessibility and circulation within
the facility.
(2) Letter dated September 12, 1996, from Phillip R. Schwartze, Milestone Investments,
31221 Casa Grande Drive, in support of the plans as proposed, including the request
for a Zone Variance.
Elevations, Conceptual Landscape Plan, and a detail plan were on display. Mr. Tomlinson
made an oral presentation. He explained that the Planning Commission's recommendation
to construct a shed roof for the gymnasium building was modified to a gable roof by staff in
order to ensure screening of the roof -mounted equipment. Sharon Heider, Open Space
Project Manager, recommended that in order to move this project along, the following two
issues be reviewed and approved separately by the Council at a later date: 1) siding materials
that look like wood, are less costly, and are less prone to vandalism, and 2) the Historic
Depiction Program, including material samples.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the
following person responded:
(1) Pauline Leonard, 27589 Brookside Lane, spoke in support of the proposed plans.
She felt that the proposed height for the gymnasium roof was necessary to
accommodate certain sports and would not detract from the building's rural
appearance.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Jones commended the architects in responding to the Council's and the
Planning Commission's concerns and comments. He recommended from personal experience
that a regular block with a smooth finish stucco be used rather than the split face block to be
more resistant to vandalism (graffiti), to be cost effective, attractive, and compatible with the
other materials.
Council Member Nash concurred. However, she preferred that wood be used on the smaller
areas on the community center, with perhaps 3 feet of stucco applied to the base to protect
the building from water. She felt the gymnasium should be stucco with wood at the top. She
noted that the City has never permitted the use of split face block on a building in the City,
and the Community Center should be no exception.
Council Member Campbell stated that the Council had envisioned the Community Center with
an add-on, rustic appearance, including shingle roof;, and wood materials. Although the
proposed plan was not exactly what she had envisioned, she felt it had an add-on appearance
and preferred that the project move forward.
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Council Member Swerdlin commended the efforts of the architects, the community, City staff,
' and the City's commissions in this project. He supported the use of stucco on the facade and
urged that the project be completed as soon as possible. Mayor Hart concurred.
Resolution Approv Zone Variance 96-06 and Concept Development Plans for the
Comrnualy Center:
It was moved by Council Member Nash, seconded by Council Member Jones, that the
following Resolution be adopted, subject to the following modifications:
(1) The gymnasium building shall be a smooth troweled stucco finish.
(2) The split face block proposed for the Community Center shall be replaced with wood
materials, and a 3 -foot stucco base to prevent water damage. The architect was
directed to provide samples of wood materials for approval by the City Council.
However, if it is determined that stucco is not appropriate for this purpose, the
architect shall provide recommendations.
• rr•..• ... • n. •.l •
(CAPITAL IMPROVEMENT PROJECT 451)- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING ZONE VARIANCE 96-06 AND THE
CONCEPTUAL PLANS FOR THE COMMUNITY CENTER TO BE
LOCATED AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER
AND SPORTS PARK - CAPITAL IMPROVEMENT PROJECT 451.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
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Proposal:
Consideration of the use of supplemental funding to be received from the Citizens Option for
Public Safety Programs (COPS), created under State Assembly Bill AB 3229, in the amount
of $67,478.
A"licant:
City of San Juan Capistrano, Police Services
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Written Communication:
Report dated September 17, 1996, from the Chief of Police Services, recommending that 1)
a Supplemental Law Enforcement Services Fund be established for funds to be received
annually from Citizens Option for Public Safety; and 2) the $67,478 in supplemental funding
to be received from the Citizens Option for Public Safety program for 1996-97 be placed in
the Supplemental Law Enforcement Services Fund and allocated for the employment of one
additional Deputy Sheriff in San Juan Capistrano in January 1997.
Lt. Sullivan made an oral presentation. He suggested that the additional Deputy be hired for
the swing shift, the time of day when the majority of calls are received.
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.
Authorization to Establish Supplemental Law Enforcement Services Funds:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that:
(1) A Supplemental Law Enforcement Services Fund be established for funds to be
received annually from the Citizens Option for Public Safety Programs.
(2) Staff be authorized to place the $67,478 in supplemental funding to be received from
the COPS program for 1996-97 in the Supplemental Law Enforcement Services Fund
for the employment of one additional Deputy Sheriff in San Juan Capistrano to begin
January 1997.
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Council recessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 9:17 p.m. as the City Council.
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Council Member Jones indicated he would abstain in this matter because of a potential conflict of
interest due to the proximity of his residencelbusiness to the subject site. He left the Council
Chamber.
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' Written Communication:
Report dated September 17, 1996, from Douglas Dumhart, Management Analyst II,
forwarding three options for creating 40 spaces to consolidate parking for employees in the
downtown area within the CRA's RV parking lot. Staff recommended that the costs for the
desired option be included in the Capital Improvement Program Budget for 1997-98.
Approval of Parking Lot Option:
It was moved by Council Member Nash, seconded by Council Member Swerdlin, that staff
be directed to program project costs for the construction of a parking lot in the downtown
area for consideration in the Capital Improvement Program Budget for 1997-98. The motion
was carried by a 4-0-1 vote, with Council Member Jones absent.
Council Member Jones returned to the Council Chamber.
INEENEOPKIWO
Written Communication:
Report dated September 17, 1996, from Mechelle Lawrence, Economic Development
Administrator, recommending that the City Council consider modifications to City Council
Policy No. 606 to allow developers a choice between either creating their own Historic
' Depiction Program or paying an in -lieu fee to fund the construction of an Historic Depiction
Program in the historic downtown area. The Report further recommended that input be
solicited from the Cultural Heritage Commission, for adoption by the City Council at a future
meeting.
Council Member Nash referred to Item 4, noting there were no requirements regarding the
cost of the project. She inquired why there had been no cost requirements and whether a
minimum should now be established. Mr. Tomlinson explained that minimum costs had not
been established in order to allow developers flexibility in creating their Historic Depiction
Program. He stated that staff and the Cultural Heritage Commission had never asked about
the cost of the project; the important issue had been the project's appropriateness to the site.
Council Member Nash expressed concern with how the in -lieu fees collected would be spent
and suggested there be some qualification on where the fimds would be allocated. Council
Member Nash requested that the Cultural Heritage Commission pay particular attention to
Item No. 4, Cost and Appropriateness, in the draft Policy, particularly how the in -lieu fees
will be spent. Council Member Swerdlin stated he would rather leave the decision on how the
in -lieu fees would be spent to the discretion of the City Manager or City Council.
Ms. Lawrence explained that as the policy was drafted, the Cultural Heritage Commission
would have decision-making authority regarding whether to accept the in -lieu fee or to
require a project be done. The City Council would have final approval regarding how the
' in -lieu fees should be spent.
City Cou it Minutes -9- 9/17/96
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Authorization to Process Proposed Modifications to City Council Policy No. 606:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the proposed modifications to City Council Policy No. 606, Historic
Depiction Programs, be forwarded to the Cultural Heritage Commission for input. Staff was
directed to provide a final recommendation for consideration and adoption by the City
Council at a later date.
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Written Communication:
Report dated September 17, 1996, from the Community Services Director, recommending
that a proposed Administrative Policy be adopted for the Community Garden at the new
Sports Complex. The Policy would establish procedures for reservations and the waiting list,
the hours of operation, general regulations, and set a fee schedule.
Mr. King noted that the Parks, Recreation and Equestrian Commission had recommended that
the initial reservation process be extended from 30 days to 45 days to ensure all interested
residents are able to participate.
Council Member Campbell inquired how this use could be changed to another use in the
future if the Community Garden concept were not successful. Mr. Denhalter advised that a
release form, to be signed by all Community Gardens participants, would protect the City
from any liability and/or landlord/tenant problems. In the event the City wished to use this
land for another purpose, the City would give the participants sufficient notice.
Adoption of Administration Policy for Community Gardens:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the Administrative Policy be adopted establishing: 1) procedures
for reservations and the waiting list, 2) hours of operation, 3) general regulations, and 4) fees
for the Community Gardens at the new Sports Complex; San Juan Capistrano residents will
be allowed 45 days, rather than 30 days, during the initial reservation period to reserve space
at the Community Gardens.
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Written Communicatic,n:
Report dated September 17, 1996, from the City Clerk, advising that the Ordinance was
introduced at the meeting of September 17, 1996, and was scheduled for adoption.
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' 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 Jones, that the following Ordinance be adopted:
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 5, CHAPTER 21 OF THE
MUNICIPAL CODE RELATING TO THE USE OF PUBLIC PARKS AND
FACILITIES.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
Council Member Campbell indicated she had spent a lot of time expressing her
displeasure regarding the status of the landscaping; she felt that perhaps her efforts
had resulted in moving up the schedule for installing landscaping along the San
Joaquin Corridor a bit. She noted that the San Joaquin Hills Transportation Corridor
was now scheduled to open on November 21, 1996, three months earlier than
originally projected.
M.EEKWTIMMI 114MR1•u., '1 1
Mayor Hart noted that new officers had been elected, including Steve Apodaca of San
Clemente as the League's new Second Vice President. He advised that a Council of
Governments had been selected.
Council Member Jones noted that Al Gordon of Dana Point had been elected as
Chairman of the Board. Council Member Jones added that the Executive Committee
of SERRA and AMWA had been restructured and that he was still the Chairman.
City C..ca Min� -11- 9/14/96
307
Council Member Swerdlin noted his attendance at the Executive Board meeting last
week and the meeting scheduled for next week.
Council Member Swerdlin noted the meeting scheduled for next week.
• ..,'- IT , 1 1
Council Member Nash noted she would provide a report to the Council on the
meeting scheduled for September 30, at which the Commission will review the
consultant's recommendations regarding the future operation of the County's Waste
Management System.
• • • _ �..,/ • i • � :.fit• u • • • 1 • 1 1
Council Member Campbell requested that the Council give consideration to conducting a
public forum to obtain public input and discuss concerns regarding housing issues.
URN 10:121814 WON21V V Lei
Council Member Swerdlin suggested that a Certificate of Appreciation be prepared for Byron
Scott in recognition of his fundraising work for local charities.
Council recessed to a Closed Session at 9:40 p.m. for:
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; and
Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Unit.
The City Clerk was excused therefrom, and the meeting reconvened at 10:15 p.m.
Mr. Denhalter advised there was no action to report on either item.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:15 p.m. to the
next regular meeting date of Tuesday, October 1, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
/
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CHERYL JC)HNSO&) CIV CLERK I
ATTEST:
WYAV HART, MAYOR
City Council Mint -13- 9/17/96