95-0502_CC_Minutes_Regular Meeting157
MAY 2, 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 Council Member Campbell.
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; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
■ Services; AI King, Jr., Director of Community Services; Lt. Paul Sullivan, Chief of Police Services;
Nancy Bernardi, Recording Secretary.
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 May 2, 1995, from the City Clerk, forwarding the Proclamation.
Aj2l2roval and Presentation of Proclamation:
Mayor Nash read the Proclamation in full. Battalion Chief John Howlind was present to
receive the Proclamation and invited attendance at the Open House to be held on Saturday,
May 13, from 10:00 a.m. to 4:00 p.m. at Fire Station No. 7.
City Council Minutes -1- 5/2/95
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Council Member Campbell introduced the following Commission representatives in
attendance: Sheldon Cohen (Planning Commission), Edgar Johnson (Mobile Home Park
Review Committee), Bill Sonka (Transportation Commission), and AI Simmons (President,
San Juan Capistrano Seniors Club).
ORAL COMMUNICATIONS
1 1 U r1 ,_ 1'u : ►
None.
[KINVIDI► 1 :�
It was moved by Council Member Jones, seconded by Council Member Swerdlin, 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
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The Minutes of the Regular Meeting of April 4, 1995, were approved as submitted.
The List of Demands dated April 12, 1995, in the total amount of $817,298.67 was received
and filed.
As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the easement from Robert Dolley, developer
of Seaside Ranchos, for public street, highway, and utility purposes at the comer of Camino
Capistrano and Del Obispo:
City Council Minutes -2- 5/2/95
159
RESOLUTION NO, 95-5-2-1. ACCEPTANCE OF EASEMENT FOR
' PUBLIC STREET. HIGHWAY. AND UTILITY PURPOSES -
ARC TECTURAL
URPOSES_ARCHITECTURAL CONTROL 88-9 AND ARCHITECTURAL
CONTROL 89-9 (DOLLEY/SEASIDE RANCHOS) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING AN EASEMENT FOR PUBLIC STREET,
HIGHWAY, AND UTILITY PURPOSES IN CONNECTION WITH
DEVELOPMENT OF AC 88-9 AND AC 89-9, DOLLEY/SEASIDE
RANCHOS
The City Clerk was directed to forward the easement to the County Recorder.
As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted approving Caltrans Contracts Nos. 12G690 and
120695 for traffic control and Sheriffs services required as a result of traffic diverted onto
City streets due to construction along I-5:
'CALTRANS FOR TRAFFIC CONTROL AND SHERIFF'S DEPARTMENT
SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACT
NO. 12G690 FOR SHERIFF'S DEPARTMENT SERVICES AND
CONTRACT NO. 12G695 FOR CITY TRAFFIC ENGINEERING
SERVICES ASSOCIATED WITH WIDENING AND RECONSTRUCTION
OF I-5 FREEWAY
The Resolution requires Caltrans to reimburse the City for traffic control and Sheriff services
which are beyond those services normally provided, in an amount not to exceed $3,750 for
traffic control and $8,200 for Sheriffs services, for the two-year period beginning
November 1, 1994, through October 31, 1996. The Mayor was authorized to execute the
contracts on behalf of the City.
. • ; Flu • tr : : " .J 1 1
As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the 10 -foot -wide easement for recreational
trail purposes:
City Council Minutes -3- 5/2/95
160
RESOLUTION NO, 95-5-2-3. ACCEPTANCE OF EASEMENT FOR
RECREATIONAL TRAIT PURPOSES (EWLES) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING AN EASEMENT FOR RECREATIONAL
TRAIL PURPOSES WITHIN PARCEL 3 OF PARCEL MAP 92-253
(EWLES)
This easement will replace a 30 -foot -wide street and equestrian trail easement considered for
vacation later in the meeting. The City Clerk was directed to forward the easement to the
Orange County Recorder.
As set forth in the Report dated May 2, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the easement for replacement of an 18 -inch
sewer line from Paseo Tirador to I-5 on Lot 31, Tract 103, which had been damaged during
the winter storms:
RESOLUTION NO 95-5-2-4. ACCEPTANCE OF SEWER EASEMENT
R.E.H. HOLDINGS) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
AN EASEMENT FOR SEWER PURPOSES (R.E.H. HOLDINGS)
The City Clerk was directed to forward the easement to the Orange County Recorder.
MEMORIES
UPGRADE (1040.40)
As set forth in the Report dated May 2, 1995, from the Planning Director, the following
Resolution was adopted approving the conceptual plan for Capital Improvement Project No.
94-717, which would upgrade the existing underground pump station serving Village San
Juan:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CONCEPTUAL
IMPROVEMENT PLANS FOR THE ROSENBAUM PUMP STATION
UPGRADE (CAPITAL IMPROVEMENT PROJECT 94-717)
The project was found to be consistent with the goals, policies, and objectives of the General
Plan and in compliance with all provisions of Title 9 of the Municipal Code.
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8, RECEIVE AND FILE CASH BALANCES BY FUND FOR MARCH 1995 1110.501
The City Treasurer's Report of Cash Fund Balances for the month of March 1995 in the total
amount of $118,262.37 was received and filed.
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Proposal:
The proposed rejection of the unaccepted Irrevocable Offer of Dedication for equestrian path
purposes was initiated by the City Council on April 4, 1995. In January 1995, the City
Council approved an Access Agreement for use of the previously -private Peppertree Bend
Trail, thus making the subject Irrevocable Offer of Dedication unnecessary.
Applicants:
Mr. and Mrs. Richard Spaulding Mr. and Mrs. Bruce Patterson
31611 Sacarama Lane 31471 Aguacate Road
San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675
Mr. and Mrs. Larry Vaughan
31595 Aguacate Road
San Juan Capistrano, CA 92675
Written Communication:
Report dated May 2, 1995, from the Engineering and Building Director, recommending that
the Resolution be adopted rejecting the Irrevocable Offer of Dedication.
Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution R0ectigg Irrevocable Offer of Dedication for Equestrian Path
Purposes:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
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RESOLUTION NO, 95-5-2-6. RF_JECTION OF AN UNACCEPTED
IRREVOCABLE OFFER FOR EQUESTRIAN PATH PURPOSES. LOT B.
DIVISION OF LAND 75-3. PARCEL MAP RECORDED IN BOOK 73.
PAGES 14 & 15 (SPAULDING. PATTERSON. VAUGHAN) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REJECTING THE UNACCEPTED
IRREVOCABLE OFFER FOR EQUESTRIAN PATH PURPOSES WITHIN
ASSESSOR'S PARCELS 649-101-21 (31611 SACARAMA LANE,
SPAULDING), 649-101-29 (31595 AGUACATE ROAD, VAUGHAN),
AND 649-101-34 (31471 AGUACATE ROAD, PATTERSON)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The City Clerk was directed to forward the Resolution to the Orange County Recorder.
Proposal:
The proposed vacation of the 10 -foot -wide equestrian trail easement within Lots A and B of
Tract 9204, Tierra del Caballo, was initiated by the City Council on April 4, 1995. The
easement was no longer necessary due to removal of equestrian facilities in the Tierra del
Caballo development.
Applicant:
Tierra del Caballo Village Homeowners Association
28512 Paseo Diana
San Juan Capistrano, CA 92675
Written Communication:
Report dated May 2, 1995, from the Engineering and Building Director, recommending that
the Resolution be adopted vacating the easement for equestrian trail purposes.
Mr. Huber made an oral presentation.
Public Hearine:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
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Adoption of Resolution Vacating the Easement for Equestrian Trail Purposes:
' It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO, 95-5-2-7. VACATION OF EQUESTRIAN TRAIL
EASEMENT. LOTS A AND B. TRACT 9204 (TIERRA DEL
CABALLO/MARK ASHWORTH TRUST) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, VACATING THE EQUESTRIAN TRAIL EASEMENT
WITHIN LOTS A AND B OF TRACT 9204, TIERRA DEL CABALLO
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the Deeds vacating the property to the
Tierra del Caballo Homeowners Association and the Mark Ashworth Trust. The City Clerk
was directed to forward the Resolution and Deeds to the Orange County Recorder.
' 3. VACATION OF EASEMENT FOR PUBLIC F T AND EOUESTRL4-NI PATH
PURPOSES - DIVISION OF LAND 76-11. OFFER "C." PARCEL 2 (ALSO
KNOWN AS PARCEL 3 OF PARCEL MAP 92-253) )UES) (670.50)
Proposal:
The proposed vacation of the 30 -foot street and equestrian path easement was initiated by the
City Council on April 4, 1995. The easement had been required for the extension of Via
Estelita to Peppertree Bend. That extension was eliminated during review of the Peppertree
Bend subdivision. The Equestrian Commission had recommended that the equestrian
easement be improved and the property owner had agreed to provide the 10 -foot equestrian
easement, which was accepted by the City Council earlier in the meeting, prior to vacation
of the subject easement.
A_pnlicant:
Mr. Larry Ewles
31629 Avenida Evita
San Juan Capistrano, CA 92675
Written Communication:
Report dated May 2, 1995, from the Engineering and Building Director, recommending that
' the Resolution be adopted vacating the easement for public street and equestrian path
purposes.
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164
Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Vacating the Easement for Public Street and Equestrian Path
Purposes:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO, 95-5-2-8. VACATION OF AN EASEMENT FOR
PUBLIC STREET AND EQUESTRIAN PATH PURPOSES - OFFER "C"
OF PARCEL MAP DIVISION OF LAND 76-11 (EWLES) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING AN EASEMENT FOR
PUBLIC STREET AND EQUESTRIAN PATH PURPOSES, ACCEPTED
VIA RESOLUTION 79-12-5-7, OFFER "C," WITHIN PARCEL 2 ONLY,
AS SHOWN ON A PARCEL MAP RECORDED IN BOOK 106, PAGES 19
AND 20 (ALSO KNOWN AS PARCEL 3 OF PARCEL MAP 92-253,
RECORDED IN BOOK 283, PAGES 19-21) (EWLES)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the Deed, vacating the property to
Larry Ewles. The City Clerk was directed to forward the Resolution and Deed to the Orange
County Recorder.
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Council recessed at 7:15 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:16 p.m. as the City Council.
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Written Communication:
Report dated May 2, 1995, from Cassandra Walker, Community Development Administrator,
recommending approval of the Business Task Force's request to re-establish the Task Force
as an advisory group to the City Council. The report recommended re-establishment of the
Task Force for a 2 -year period, consisting of not more than 11 individuals plus 2 City Council
member appointees. The Task Force would meet in compliance with all public meeting and
Brown Act requirements. The Task Force would focus its attention on: identifying strategies
for retaining businesses in San Juan Capistrano and preventing regional recruitment;
identifying promotional programs that could be implemented jointly by the City and the
business community, and recommend funding strategies; identifying complementary
businesses to target for business attraction; identifying methods to attract new businesses to
fill the existing vacancies; and, identifying physical improvements to the business districts
which will stimulate and improve patronage.
Mr. Scarborough made an oral presentation. He advised that appointment of members to the
Task Force would be scheduled for the next City Council meeting so that the positions could
' be advertised in compliance with the Maddy Act. He noted that the Task Force would not
have governmental decision-making authority and would not be subject to the City's Conflict
of Interest Code.
Commissioner Swerdlin suggested that the staff recommendation be modified to limit the
period for the new Task Force to one year and that only one Council Member serve on the
Task Force instead of two. Council Member Hart concurred, noting that the Chamber of
Commerce may wish to assume responsibility for the Task Force after the initial one-year
period. Mayor Nash felt it would be inappropriate to transfer the responsibility for the Task
Force to the Chamber of Commerce and to approve only one Council liaison when the Task
Force specifically requested two. Council Member Campbell suggested that staff speak with
the remaining Task Force members on this issue to clarify their intent.
Discussion ensued regarding whether the Council or the remaining Task Force members
should make appointments to the committee. Mayor Nash advised that provisions of the
Brown Act prohibit the Task Force from appointing their own members and that the
remaining members should forward their recommendations to the City Council for
consideration in making the appointments. Council Member Jones suggested that applications
to serve on the Task Force be forwarded to the remaining Task Force members for review
and recommendation to the Council. He recommended that Council Member Hart serve as
the Council's liaison.
City Council Minutes -9- 5/2/95
166
Adoption of Resolution Re -Establishing the Business Task Force:
It was moved by Council Member Swerdlin, seconded by Council Member Jones that: (1)
Council Member Hart be appointed to represent the City Council on the Task Force; (2) that
the vacancies on the Task Force be advertised and the remaining Task Force members provide
recommendations to the Council for appointment to the Task Force; and (3) that the
following Resolution re-establishing the Business Task Force be adopted as modified to
provide for only one Council Member appointee and to reduce the term of the Task Force to
one year:
RESOLUTION NO, 95-5-2-9. ESTABLISHMENT OF A BUSINESS TASK
FORCE -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
ESTABLISHMENT OF A BUSINESS TASK FORCE
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Appointments were scheduled for the meeting of May 16, 1995, following the advertising for
vacancies.
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Written Communication:
Report dated May 2, 1995, from Jennifer Murray, Assistant to the City Manager,
recommending that the Capistrano Villas Overnight Parking Permit Program be modified to:
1) clarify where a permit should be hung in a vehicle with a tinted rear window; 2) clarify that
appeals are to be considered in accordance with criteria set out in Sections 9 and 10 of
Program Rules; 3) clarify that permits stolen or destroyed may be administratively replaced
by the Community Counseling Center; and 4) clarify the criteria for issuance of additional
permits. One additional change would reconstitute the Board of Appeal as advisory to the
City Manager, thus allowing the Board to consider appeal requests in confidence. The City
Manager would issue permits based upon the recommendation of the Board of Appeal. In
the event an individual did not agree with the City Manager's decision, an appeal could be
made to the City Council in accordance with the Municipal Code provisions.
Jennifer Murray, Assistant to the City Manager, made an oral presentation. She cited
statistics regarding the number of permits and additional permits issued and enforcement
activity by the Sheriffs Department. She noted that permanent decals are numbered and
temporary decals are color coded.
City Council Minutes 10- 5/2/95
167
Council Member Swerdlin suggested that monthly reports be provided to Council during the
' first quarter of the program. Council Member Jones suggested that temporary permits also
be numbered for easier record keeping. Mr. Scarborough indicated he would evaluate the
proposal and report back to the Council.
Adoption of Resolution Modification the Capistrano Villas Overnight Parking Program:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO, 95-5-2-10. APPROVING REVISION TO RULES
GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM IN
THE CAPISTRANO VILLAS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A REVISION TO THE RULES GOVERNING THE
OVERNIGHT PARKING PERMIT PROGRAM WITHIN THE
RESIDENTIAL SUBDIVISION KNOWN AS THE CAPISTRANO
VILLAS
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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Written Communication:
Report dated May 2, 1995, from Douglas Dumhart, Management Analyst II, recommending
an overnight parking permit program be established in the Capistrano Depot's east lot to allow
overnight parking in four spaces to accommodate the Vaquero West Bed and Breakfast
operation.
Council Member Jones expressed concern that approval of the parking spaces could set a
precedent for the City to receive similar requests by other downtown businesses. Mayor Nash
felt this request was unique to this establishment, noting that other businesses in the area do
not require overnight parking.
Adoption of Resolution Establishing Ov . igh Par" Permit Program for "aero
West Mercantile:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the
following Resolution be adopted:
City Council Minutes 11- 5/2/95
IM
RESOLUTION NO, 95-5-2-11. ESTABLISHING OVERNIGHT PARKING
PERMIT PROGRAM - CAPISTRANO DEPOT EAST PARKING OT - A —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING OVERNIGHT
PARKING PERMIT PROGRAM IN THE CAPISTRANO DEPOT EAST
PARKING LOT (VAQUERO WEST MERCANTILE)
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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(CONTINUED FROM APRIL
Written Communication:
Report dated May 2, 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.
Tabling of Item:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that at the request of the applicant, this item be tabled until the applicant
is ready to move forward with the request.
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Written Communication:
Report dated May 2, 1995, from the Planning Director, recommending that an amendment
to the Municipal Code be initiated to modify and clarify the present appeal process in order
City Council Minutes -12- 5/2/95
169
to conform with recent court decisions and to establish procedures for evaluating whether an
appeal is legal.
In response to Mayor Nash, Mr. Tomlinson clarified that the recommended appeal period was
10 working days; however it could be stated as 14 days calendar.
Adoption of Resolution Initiating Code Amendment Regarding Anneals Process:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the
following Resolution be adopted with direction that the appeal period be 14 calendar days:
RESOLUTION NO. 95-5-2-12. INITIATING AMENDMENT TO TITLE
9. CHAPTER 2. ARTICLE 3. SECTION 9-2.314 OF THE MUNICIPAL
CODE ENTITLED "APPEALS" - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING CONSIDERATION OF AN AMENDMENT TO TITLE 9,
CHAPTER 2, ARTICLE 3, SECTION 9-2.314 OF THE MUNICIPAL
CODE ENTITLED APPEALS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
' NOES: None
ABSENT: None
2. INITIATING AMENDMENT TO TITLE 8, CHAPTER 10 OF THE MUNICIPAL
CODE - SOILS SUBSIDENCE PROGRAM (450.30
Written Communication:
Report dated May 2, 1995, from the Planning Director, noting that current Municipal Code
provision do not include specifics on preparing and implementing a comprehensive soil
subsidence remediation program covering both surficial slope subsidence and catastrophic
slope failures. The report recommended that an amendment to the Municipal Code be
initiated to modify and strengthen the City's existing soils subsidence program.
Adoption of Resolution Initiating Code Amendment to Modify Soils Subsidence Program:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
City Council Minutes -13- 5/2/95
170
RESOLUTION NO. 95-5-2-13, INITIATING AMENDMENT TO TITLE
8_ CHAPTER 10 OF THE MUNICIPAL CODE ENTITLED "SOILS
WARRANTY PROGRAM" - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING CONSIDERATION OF AN AMENDMENT TO TITLE 8,
CHAPTER 10 OF THE MUNICIPAL CODE ENTITLED "SOILS
NYMMIT ♦ t VA 201"L
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
3. INITIATION OF A GENERAL PLAN AMENDMENT FOR THE RESCO
PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF RANCHO
VIEJO ROAD AND VIA ESCOLAR - TENTATIVE PARCEL MAP 89-435
(RESCO DEVELOPMENT) (440.25)
Written Communication:
Report dated May 2, 1995, from the Planning Director, forwarding a request for a General
Plan Amendment for the 11.6 -acre site on Rancho Viejo Road south of Via Escolar. The
General Plan Amendment request proposed to add a variety of uses to the Resco property,
including automotive service center/dealerships, public storage, commercial and retail uses,
church and residential development. The Report recommended that the City Council provide
preliminary comments on the proposed initiation of a General Plan Amendment.
Mr. Tomlinson made an oral presentation. A site analysis and site plan were on display.
The applicant, Ronald Soderling of Resco Development, explained that the proposed
additional uses would improve the potential for the economic viability of the center, noting
impacts due to the change in the economic climate, the reduction in demand for office space,
and physical impacts from construction of the San Joaquin Hills Transportation Corridor. A
three-dimensional scale model was displayed to illustrate the hilly topography of the site and
impacts from construction of the Transportation Corridor.
Stewart Woodard, President of The Woodard Group, project architect, distributed reduced
copies of the originally approved site plan and aerial photographs of the site to the Council.
On the scale model he noted where the on-ramp for the Transportation Corridor traverses the
majority of the site. Because the site is substantially lower than adjacent land uses, he stated
that the project needs to address land use and architectural design issues. He felt that the
proposed uses were appropriate for their location adjacent to the freeway and could be made
acceptable to adjacent residences with the use of appropriate architectural design solutions.
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A scale model of the proposed Master Site plan was displayed. He felt that the revised
' project was superior to the original plan in that it would require less grading, less retaining
walls, and one access road off Rancho Viejo Road instead of two. He explained that a
geogrid would be used to transition the site down to Rancho Viejo Road, including 1:1
reinforced slopes similar to those at the Marbella project. He stated that the existing
GoodYear site use could be expanded, with access off Via Escolar. He advised that the
Church of the Nazarene wished to relocate to the site; that an auto center was proposed for
Area B; and, a mini -storage facility at the rear of Area C. He indicated that a Lexus
dealership had expressed interest in constructing an attractive, high-quality facility in this
location away from a typical auto center.
Council Comments:
Council Member Hart noted that the City annexed this property as a gateway to the City to
ensure control over its development. He had no problem with either the GoodYear facility,
since it was currently in the area, or the church. He expressed strong opposition to the
proposed auto dealership. He felt the mini -storage facility may not be the most appropriate
use because of potential visual and crime impacts to residences located above the site and
property maintenance concerns. He emphasized that the area was visually sensitive and that
the project would require appropriate architecture and landscaping.
Council Member Jones felt that the proposed mini -storage facility was a passive use that
could be made aesthetically pleasing. He stated that the proposed auto dealership may be
acceptable if cars were not visible from the front and the use was not obvious. However, he
anticipated that both the auto center and mini -storage uses would receive strong opposition
from adjacent residents, and emphasized to the applicant that those concerns would be given
serious consideration by the Council. He concurred with the proposed modifications to the
GoodYear site.
Council Member Campbell noted that her home overlooks an auto dealership and felt that
dealerships could be "good neighbors" if cars were stored in appropriate areas on site. She
also felt that the proposed mini -storage facility would generate very little traffic and may be
an appropriate use for the site.
Council Member Swerdlin concurred with the proposed church use and proposed expansion
of the GoodYear site if impacts are mitigated. He expressed strong opposition to the auto
center use in this location because he felt all of its impacts could not be mitigated and because
of concerns with setting a precedent.
Mayor Nash expressed general support for the church but expressed concern regarding
potential impacts from its proposed expansion into a school, e.g. noise, traffic, circulation,
safety of children, etc. She opposed the auto center use at this location because the site
constitutes the entry into San Juan Capistrano and noted the difficulties the City has had in
controlling auto dealerships. Although she preferred other uses, she felt that the proposed
mini -storage facility may be appropriate if it were designed to blend in with the surrounding
area. She opposed the use of flat roofs for any of the buildings. She was also opposed to
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cutting through the knoll for a driveway and parking lot and using a geogrid to the top and
urged that the knoll be retained to physically separate Mission Viejo from San Juan
Capistrano. She recommended that the plans be modified to have a 2:1 slope, which is
required throughout the City except when absolutely necessary. She felt that the proposed
expansion of the GoodYear site was acceptable but preferred that the slope not be cut into.
She felt that the original Specific Development Plan approved for the project contained all of
the concepts that are supported by the community and urged the applicant not to stray too
far from that plan, particularly with regard to the size of buildings, uses, etc.
Approval of Resolution Initiating General Plan Amendment 95-01:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
=11-1 Iraqi
CAPISTRANO, CALIFORNIA, INITIATING GENERAL PLAN
AMENDMENT 95-01 TO AMEND THE GENERAL PLAN
DESIGNATION FOR AN 11.6 -ACRE SITE SOUTHWEST OF THE
INTERSECTION OF RANCHO VIEJO ROAD AND VIA ESCOLAR
(RESCO DEVELOPMENT COMPANY)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
•',I: cul , :� •ul':�• 1.1 .1
Written Communication:
Report dated May 2, 1995, from the Engineering and Building Director, recommending that
the Council adopt a Resolution supporting Santa Margarita Water District's opposition to a
proposed hostile takeover by the California -American Water Company, based on the finding
that the takeover would not be in the best interest of the ratepayers and efficient operations
of the District.
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Adoption of Resolution in Support of Santa Margarita Water District's Position:
' It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 95-5-2-15. SUPPORTING SANTA MARGARITA
WATER DISTRICT'S OPPOSITION OF PROPOSED TAKEOVER BY
CALIFORNIA -AMERICAN WATER COMPANY - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING SANTA MARGARITA WATER
DISTRICT'S POSITION OPPOSING THE PROPOSED TAKEOVER BY
CALIFORNIA -AMERICAN WATER COMPANY
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
' 1. PRESENTATION OF QUARTERLY REPORT - COMMUNITY SERVICE
PROGRAMS. GANG PREVENTION( 580.20)
Written Communication:
Report dated May 2, 1995, from the Community Services Director, forwarding the Spring
Quarterly Report (January -March 1995) for Community Service Programs, Inc. (CSP), South
County Gang Prevention Program.
Cristina Valadez, Community Service Programs's Gang Specialist, made an oral presentation.
She noted that Community Service Programs provided counseling to parents and victims
involved in the City's recent drive-by shooting, including trauma counseling, and conducted
mini -group sessions at schools to discuss the consequences of gang activity.
x'11►_►
Written Communication:
Report dated May 2, 1995, from the City Clerk, advising that the Ordinance was introduced
at the meeting of April 18, 1995, and was scheduled for adoption.
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WE
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 Campbell,
seconded by Council Member Jones, that the following Ordinance be adopted:
ORDINANCE NO. 763, APPROVING REZONE 94-5 AND ADOPTING
SPECIFIC DEVELOPMENT PLAN 95-1 (KITTLE/HUl_SH) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 94-5 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
[011jelfj1
. _• • • ► Mul_ \ • • ► uI_ ul: •��Y:7:\►691.1:7J1G�IlL•h
•� 1 • 1 1
Written Communication:
Report dated May 2, 1995, from Carole Jacklin, Council Services Administrator, noting that
the vacancy had been advertised and two applications were received.
Tabling of Item:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that this item be tabled pending receipt of additional applications.
Written Communication:
Report dated May 2, 1995, from Carole Jacklin, Council Services Administrator, noting that
the vacancies had been advertised and no applications were received.
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TablipQ of Item:
' It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that this item be tabled pending receipt of applications.
3. APPOINTMENT OF CITY COUNCIL Rp F ENTATI ORANGF
AN
COUNTY TRANSPORTATION AUTHORITY ELECTED OFFICIALS
ADVISORY COMMITTEE (,940.201
Written Communication:
Report dated May 2, 1995, from Carole Jacklin, Council Services Administrator, forwarding
the request from the Orange County Transportation Authority to appoint one elected official
to the advisory committee to review the Major Investment Study, a corridor from the
Fullerton Transportation Center to the Irvine Transportation Center for an advanced urban
rail system.
Appointment of City Council Representative:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that Council Member Swerdlin be appointed as the City's representative
to serve on the Orange County Transportation Authority's advisory committee to review the
Major Investment Study, a corridor from the Fullerton Transportation Center to the Irvine
Transportation Center for an advanced urban rail system.
4. ORAL REPORTS OF OUTSIDE AGENCIES
I a. Foothill/Eastern and San Joaguin Hills Transportation Corridors (80Q.50)
Council Member Campbell noted that construction of both corridors continues.
Council Member Hart noted the meeting scheduled for Thursday, May 4, at which the
County bankruptcy will be the main topic for discussion.
Council Member Jones noted the meeting scheduled for Thursday, May 4. He
advised that the Council would receive a copy of all minutes in their slots.
Council Member Hart noted the meeting scheduled for May b and advised that the
agency is still in the formation stage.
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RYAOMOINVU6191�' 111 •/
Council Member Campbell noted that Cox Cable had not yet provided cable service to her
area of the City as promised. Mr. Scarborough indicated he would follow-up on this matter
to determine what penalties could be levied against the company.
Council Member Campbell expressed appreciation to Community Service Programs for their
quarterly report. She urged that with regard to scholarships for the AYSO program, youth
be encouraged to earn their own money to participate in programs wherever possible.
' a UP1'9' •\ U -mm
Council Member Campbell reported that she testified two weeks ago on behalf of the City
before the State legislature in opposition to any importation of trash into San Juan Capistrano
proposed by the County to help the County's bankruptcy situation. She urged that the City
follow this issue closely, including the introduction of related bills and additional hearings on
SB 17xx. Mr. Denhalter concurred, noting that it was the intent of the City Council to
continue to monitor this major issue of the City until it is resolved. It was a consensus of the
Council that Council Member Campbell and the City Attorney represent the City together at
any future hearings, if possible.
CLOSED SESSION (610,851
Council recessed to a Closed Session at 8:52 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 three cases;
Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against the City of San Juan Capistrano; and
Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
the City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 11:40 p.m.
Mr. Denhalter advised there was no action to report on any of the items.
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5/2/95
ADJOURNMENT
' There being no fiuther business before the Council, the meeting was adjourned at 11:40 p.m. to the
next regular meeting date of Tuesday, May 16, 1995, at 7:00 p.m. in the City Council Chamber.
7
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Respectfully submitted,
&Zela4a�4�
CHERYL• §•
ATTEST:
CAROLYN ASH, MAYOR
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