95-0418_CC_Minutes_Regular MeetingAPRIL 18, 1995
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 Nash at 7:05 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: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; William M. Huber, Director of Engineering and Building Services;
Thomas Tomlinson, Director of Planning Services; Lt. Paul Sullivan, Chief of Police Services; Nancy
Bernardi, Recording Secretary.
VAIJ 06XV103D 134LINIM
It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously
carried that all Ordinances be read by title only.
Written Communication:
Report dated April 18, 1995, from Carole Jacklin, Council Services Administrator, noting that
Dennis Paquin had served the City for nine years as a Member of the Architectural Board of
Review, the Design Review Commission, and the Planning Commission.
Presentation of C4 Plaque in Recognition of Dennis Paq»in's Service to the City:
A City plaque was presented to Dennis Paquin in recognition of his nine years of service to
the City. Mr. Paquin expressed appreciation to the City Council and staff for their support
and introduced his family.
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Written Communication:
Report dated April 18, 1995, from Carole Jacklin, Council Services Administrator, noting
Pamela Gibson's contributions to the community as the City's unofficial historian, and advising
that Mrs. Gibson would be leaving Orange County to accept the position of City Manager in
Sonoma, California.
Presentation of City Plague in Recognition of Pamela Gibson's Service to the City:
A City plaque was presented to Ms. Gibson in recognition of her contributions to the City.
Ms. Gibson spoke regarding her sadness in leaving San Juan Capistrano and expressed
appreciation to the community for their assistance and support and for sharing their lives with
her.
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner (Planning Commission), Bill Sonka (Transportation Commission),
Stan Kensic and Pauline Leonard (Parks, Recreation, and Equestrian Commission), Don
Tryon (Cultural Heritage Commission), and Al Simmons (San Juan Capistrano Seniors Club).
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None.
WIX&I DiemI'
It was moved by Council Member Jones, seconded by Council Member Hart, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of March 21, 1995, were approved as submitted.
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The List of Demands dated March 30, 1995, in the total amount of $447,895.82 was received
and filed.
OF •• (350,30)
The City Treasurer's Report of Investments as of March 31, 1995, in the total amount of
$13,811,711.11 was received and filed.
The Report dated April 18, 1995, from the Planning Director, advising that seven new
development applications were received by the City since the last report of March 21, 1995,
was received and filed.
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As set forth in the Report dated April 18, 1995, from the City Manager, the following
' Resolution was adopted amending the City's Personnel Classification and Compensation Plan
to reclassify the position of Secretary in the Building Division to Administrative Secretary
effective November 1, 1994:
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO.
91-9-17-7, THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN, TO RECLASSIFY ONE SECRETARY
POSITION IN THE BUILDING DIVISION OF THE ENGINEERING AND
BUILDING DEPARTMENT TO ADMINISTRATIVE SECRETARY
As set forth in the Report dated April 18, 1995, from the Public Lands and Facilities Director,
the following Resolution was adopted approving the use by The Oaks stables of the City -
owned berm property located behind The Oaks stables for up to six events per year:
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RESOLUTION NO, 95-4-18-2. APPROVING USE OF CITY PROPERTY -
THE OAKS (JOAN IRVINE SMITHI - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING APPROVAL FOR THE OAKS (JOAN IRVINE SMITH)
TO USE CITY PROPERTY FOR PURPOSES OF UP TO SIX EVENTS
ANNUALLY, AND RESCINDING CITY COUNCIL RESOLUTION NO.
93-1-19-1
7. CONSIDERATION •I�il•� I1.1►f11>�CeJ:�lll�MANAGER
(600,30)
As set forth in the Report dated April 18, 1995, from the City Manager, the City Manager
Employment Agreement was approved for the three-year term ending April 18, 1998, at the
same compensation and benefits currently received by the City Manager.
The Claim for Damages filed by Cynthia Storms was denied in its entirety, as set forth in the
Report dated April 18, 1995, from the City Attorney.
PURCHASE OF FIRST TRUST DEED - LUPE OMBS HOUSE (670,20)
(CONTINUED ' •u APRIL••
Written Communication:
Report dated April 18, 1995, from the Administrative Services Director, recommending that
the requests by the Swallows Foundation be denied for the City to 1) purchase the First Trust
Deed on the historic Lupe Combs House for use as a Visitor's/Tourism Center, or 2) act as
a guarantor to obtain contributions from outside sources. The recommendation for denial
was based on the findings that a) the City had already provided a majority of the funds
necessary for the operation of the centers since the property was acquired; b) the Council has
expressed its desire to discontinue the City's involvement in commercial/residential property
management; and c) the potential impact on the City's budget if forced to take over the lease
payments on the property.
This item was removed from the Consent Calendar at this time and continued to the meeting
of May 2, 1995, at the request of the applicant.
h
REZONE1 PROPERTY LOCATED 1 4, •' •
(460,20)
Proposal:
Consideration of a request to 1) rezone the property at 33413 San Juan Creek Road from
Private Recreation (PR) to Planned Development (PD), and 2) adopt Specific Development
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Plan 95-01 to allow nursery/commercial and retail landscaping sales as an additional use for
the site until such time that a private recreation use is developed. The proposed Specific
Development Plan refers only to those items particular to a nursery/landscape use.
Property Owner: A n :
Huish Family Fun Centers Brent Kittle/California Color
33280 Paseo Cerveza P.O. Box 2632
San Juan Capistrano, CA 92675
Capistrano Beach, CA 92624
Written Communications:
(1) Report dated April 18, 1995, from the Planning Director, recommending that the draft
Ordinance be introduced approving the rezone and adopting Specific Development
Plan 95-01, which included a condition requiring the final site plan and details to be
approved by the Planning Commission.
(2) Letter dated April 10, 1995, from Jack Mannix, DVM, expressing concerns regarding
the proposed rezone; specifically, the potential for undesirable uses on the property.
Exhibits were on display, and Mechelle Lawrence, Associate Planner/Project Manager, made
an oral presentation. She noted that the staff recommendation differed slightly from that of
the Planning Commission's in that the provision for maintaining control of the use was the
same but contained within the Specific Development Plan (SDP) instead of through the
Conditional Use Permit process. She added that any violations of the SDP would be
addressed through the Code Enforcement process. She noted one resident had spoken in
support of the project at the March 14, 1995, Planning Commission meeting. She advised
that staff met with Dr. Mannix to discuss his concerns regarding potential uses for the site,
which are limited to the nursery use only, and that he now supported the proposal.
Council Member Jones expressed concerns regarding the potential for vandalism and
transients at the site and inquired whether fencing had been proposed around the project.
Ms. Lawrence indicated that the applicant had no plans to install fencing, despite similar
concerns expressed by the Planning Commission. Council Member Jones suggested that
automatically controlled lighting be considered for security purposes. Council Member
Campbell indicated that she was opposed to a chain link fence along the front of the property.
In response to an inquiry by Council Member Campbell, Ms. Lawrence indicated that if the
nursery use were allowed to remain on the site, the recreational use would not be deleted
from the Specific Development Plan.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) The applicant, Brent Kittle, owner of California Color, felt that the nursery would be
an excellent interim use for the site until the property owner decided whether or not
to develop a recreational use on the site. With regard to fencing, he advised he would
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only consider a green vinyl fence; if that type of fence was not allowed, he felt that the
shrub row currently in place was acceptable and sufficient for his needs.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Mayor Nash expressed opposed to the installation of chain link fencing at the site, particularly
since it was not desired by the applicant. There was a general consensus that a chain link
fence was not acceptable.
Introduction of Ordinance Approving Rezone 94-5:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Hart, seconded
by Council Member Jones, that the following Ordinance be introduced. The motion was
subsequently amended with the concurrence of the second to include direction to the Planning
Commission that fencing of the site not be required:
APPROVING REZONE 94-5 AND ADOPTING SPECIFIC
DEVELOPMENT PLAN 95-1 (KITTLE/HUISH) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
REZONE 94-05 AND ADOPTING SPECIFIC DEVELOPMENT PLAN
95-1 FOR PROPERTY LOCATED AT 33413 SAN JUAN CREEK ROAD
TO ALLOW AN INTERIM NURSERY USE (KITTLE/HUISH)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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Proposal:
Consideration of a Third Amendment to the existing Owner Participation Agreement with
Franciscan Plaza Investment Group.
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Applicant:
' Mr. Paul Farber
Franciscan Plaza Investment Group
31831 Camino Capistrano, Suite 100
San Juan Capistrano, CA 92675
Written Communication:
Report dated April 18, 1995, from the Administrative Services Director, recommending that
this item be tabled indefinitely at the request of the applicant.
Motion to Table Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that this item be tabled at the request of the applicant.
Council recessed at 7:34 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:35 p.m. as the City Council.
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1. PROPOSED CONDITIONS FOR IMPLEMENTATION OF SOILS W
PROGRAM FOR GLENFED AREAS C AND D- TRACTS 13436- A4378
AND 13966. (j!AC1FIC-CObTU10-,TIES BX3T,,DZV1-,V*.QP-M1Q0QDjZQ
HOMES, INC.)
Written Communication:
Report dated April 18, 1995, from the Planning Director, recommending that the proposed
modifications to the Soils Warranty Program for Lomas San Juan Areas C and D be
approved, based on the findings that the modified program provides the same safeguards as
the original schedule and will not result in a decrease in the amount of initial funds available
to the Homeowners Association. The report noted that Area C-1 did not contain slope areas
within the subdivision and would not be required to participate in the program. The amount
of contributions would not be changed by the exclusion of Area C-1, since contributions were
based on the amount of manufactured slopes within the various development areas. The
developments required to participate in the program were located within Areas C-2, D-1 and
D-2.
Mr. Tomlinson gave an oral presentation. He recommended that proposed Condition 97 be
modified to delete the words "as a result of improper design or construction" in the first
sentence.
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Approval of Modified Implementation Program for Glenfed Areas C and D:
It was moved by Council Member Hart, seconded by Council Member Jones, and —
unanimously carried that the modified implementation program for Glenfed Areas C and D
be approved, with the modification to Condition #7 deleting the words "as a result of
improper design or construction" in the first sentence.
PUBLIC LANDS AND FACILITIES DIRECTOR
FX81*aW "R" 11111
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Written Communication:
Report dated April 18, 1995, from the Public Lands and Facilities Director, recommending
that a request to name the tot lot portion of a proposed park at San Juan Creek Road and
Camino Lacouague "Honey Tot Lot" in memory of Jack Gottfhed's dog, Honey, be
approved, and that Mr. Gottfried's donation to the park construction fund in the amount of
$5,000 be accepted.
Jack Galaviz, Maintenance Superintendent, made an oral presentation.
_Approval of Name for Tot Lot and Acceptance of Donation:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the tot lot portion of a proposed park at San Juan Creek Road and
Camino Lacouague be named "Honey Tot Lot" in memory of Jack Gottfried's dog, Honey,
and that Mr. Gottfried's donation to the park construction fund in the amount of $5,000 be
accepted.
TY CONTRACT EXTENSIONS FOR: (600.30
a. City Building and Facilities Janitorial Services (Saddleback Community Enterprises)
b. City Park Restroom Janitorial Services (Saddleback Community Enterprises)
C. Sanitary Sewer Line Maintenance (Empire Pipe Cleaning & Equipment)
d. City Street Light Maintenance and Repair (C.B. Electric)
Written Communication:
Report dated April 18, 1995, from the Public Lands and Facilities Director, recommending
that the existing contracts for specified janitorial services, sanitary sewer line maintenance and
street fight maintenance be extended for a two-year period beginning July 1, 1995, and ending
June 30, 1997, at no increase in costs to the City.
Approval of Contract Extensions:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the following maintenance contracts with the City be extended for
a two-year period beginning July 1, 1995, and ending July 1, 1997:
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a. FoothilUEastem and San Joaquin Hills Transportation Corridors (800.50)
' Council Member Campbell noted that despite the County's bankruptcy situation, the
Agency remains committed to completing the improvements requested by the City.
Council Member Jones noted that several local businessmen had expressed concern regarding
the proposed Ortega Highway/1-5 Freeway ramp closures until 1997, as stated on signs
currently in place. He stated he had been advised by the Engineering and Building Director
that any closures required due to construction work would occur between the hours of 10:00
p.m. and 6:00 a.m. only. The Director of Engineering and Building advised that staff was
working with Caltrans to provide better signage.
Mayor Nash noted that one member of the City staff had been appointed to assume the
responsibility for the supervision and oversight of all of the transportation improvements in
the City being performed by the Transportation Corridor Agency, OCTA, and Caltrans. This
person will ensure that the improvements are being completed according to the conditions
I
imposed on the projects. Mr. Huber indicated that City staff has met with the various
agencies to clarify critical issues and that staff would try to provide the Council with regular
City Council Minutes -9- 4118195
Amount
Name of Contractor
Type of Contract
of
Contract
Annual
Saddleback Community
City Bldg. & Facilities Janitorial
$24,536
Enterprises
Services
Saddleback Community
City Park Restroom Janitorial
$10,448
Enterprises
Services
Empire Pipe Cleaning &
Sanitary Sewer Line Maintenance
$27,000
Equipment
C.B. Electric
City Street Light Maintenance &
$20,000
Repair
a. FoothilUEastem and San Joaquin Hills Transportation Corridors (800.50)
' Council Member Campbell noted that despite the County's bankruptcy situation, the
Agency remains committed to completing the improvements requested by the City.
Council Member Jones noted that several local businessmen had expressed concern regarding
the proposed Ortega Highway/1-5 Freeway ramp closures until 1997, as stated on signs
currently in place. He stated he had been advised by the Engineering and Building Director
that any closures required due to construction work would occur between the hours of 10:00
p.m. and 6:00 a.m. only. The Director of Engineering and Building advised that staff was
working with Caltrans to provide better signage.
Mayor Nash noted that one member of the City staff had been appointed to assume the
responsibility for the supervision and oversight of all of the transportation improvements in
the City being performed by the Transportation Corridor Agency, OCTA, and Caltrans. This
person will ensure that the improvements are being completed according to the conditions
I
imposed on the projects. Mr. Huber indicated that City staff has met with the various
agencies to clarify critical issues and that staff would try to provide the Council with regular
City Council Minutes -9- 4118195
150
reports on these projects. Council Member Campbell expressed appreciation to staff for their
quick response in resolving problems to date.
3. STAFFXOUNCIL RECOGNITIONS (610.40)
Council Member Hart commended Lt. Sullivan and the Sheriffs Department on their response
to residents' concerns about crime in the Capistrano Villas neighborhood by increasing
enforcement in the area. He also commended Council Member Campbell on her being voted
as the "California State Woman of the Year."
1 •ll I R WAIJ I••L I :•
Council Member Swerdlin noted his attendance at a special session of the agency, at which
the Authority voted to accept the County's proposal to be reimbursed for 76% of the funds
invested in the County pool.
Council Member Campbell expressed concern that projects such as the EI Peon/Mission
Promenade project were being delayed due to archaeological requirements. She suggested
that the City's Ordinances be modified to allow for archaeological review without unduly
delaying projects and causing them to go over budget. Council Member Jones concurred and
felt that City's archaeological preservation process was preventing many people from doing
business in the City. Mr. Scarborough indicated that staff would provide a report to Council
as soon as possible describing the current City policies and describing the situation and
requirements for the El PeorvMission Promenade project.
8. DONATIONS TO CITY (150.10)
Mayor Nash noted the donations received from Secure Horizons in the amount of a $500
entry fee for senior citizens to ride in Fiesta de las Golondrinas Parade and Mansoor's Imports
in the amount of $25 to the youth -at -risk program.
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Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
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Written Communication:
' Report dated April 18, 1995, from Jennifer Murray, Assistant to the City Manager,
recommending that the Council adopt a Resolution formally opposing Senate Bill 17xx. This
bill constitutes emergency legislation on behalf of Orange County to exempt the County from
California Environmental Quality Act requirements for environmental review of proposed
measures to import solid waste to the County's landfills.
Council Member Jones noted that if the bill were passed, there would no longer be any
environmental safeguards to mitigate the negative impacts from trash importation into the San
Juan Capistrano landfill. Council Member Campbell recommended that the Resolution
opposing the bill be sent to the entire State legislature, members of the Senate Governmental
Organization Committee, and Senator Craven to make it clear that San Juan Capistrano
refuses to be adversely impacted because of the County's financial crisis. In addition to the
letters, she suggested that a City Council Member or the City Attorney testify on behalf of
the City when the bill is heard. It was a consensus that Council Member Campbell or the City
Attorney attend on behalf of the City.
Adoption of Resolution Opposing Senate Bill 17xx:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO. 95-4-18-3. OPPOSING SENATE BILL 17XX-
EXEMPTING PROJECTS F .AT D TO SOLID WASTE HANDLIN
AND DISPOSAL AT ORANGE COUNTY LANDFILLS - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING SENATE BILL 17XX
(CRAVEN), EXEMPTING PROJECTS RELATED TO SOLID WASTE
HANDLING AND DISPOSAL AT ORANGE COUNTY LANDFILLS
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 9:05 p.m. for:
1. 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 three cases;
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2. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et at, claimant,
against City of San Juan Capistrano; and
Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 11:00 p.m.
1/ 1 1 h 1. 1 1
Mr. Denhalter advised that regarding Items #2 and #3, an adjourned meeting would be scheduled
for Wednesday, April 26, 1995, at 1:00 p.m. for further Closed Session discussion on those items.
There was no action to report on Item #1.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:32 p.m. to
Wednesday, April 26, 1995, at 1:00 p.m. in the City Council Chamber.
ATTE
&C'oe-4 ) —
CAROLYN ASH, MAYOR
City Council Minutes
Respectfully submitted,
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NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of April 18, 1995, adjourned said meeting to April
26, 1995 at 1:00 p.m. in the City Hall Council Chamber, 32400 Paseo Adelanto, San Juan
Capistrano.
DATED: April 19, 1995
Cheryl Johnso6/ City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
' CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on April
20, 1995, within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
L ��XA�X�
Cheryl Johns , Cio Clerk
San Juan Capistrano, California