95-0718_CC_Minutes_Regular MeetingJULY 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 Council Member Swerdlin.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collette 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; 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 Hart, and unanimously
carried that all Ordinances be read by title only.
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Mayor Nash noted that members of Boy Scout Troop No. 973 and Troop Leader David White, were
in attendance to observe the City Council proceedings as part of the merit badge requirements.
Council Member Campbell introduced the following Commission representatives in
attendance: Kathy McInerney, (Planning Commission; Pauline Leonard, Parks, Recreation,
and Equestrian Commission; Bill Hardy, Los Rios Review Committee; and, Don Tryon
Cultural Heritage Commission.
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262
ORAL COMMUNICATIONS
(CITY COUNCIU/COMMUNITY REDEVELOPMENT AGENCY)
CHAMBER OF COMMERCE (130.30)
Tom Facon, Executive Director of the San Juan Capistrano Chamber of Commerce, pointed
out that the Policy Plan from the City's General Plan, which was printed in 1976, stated that
the Chamber's Visitor Information Center was open for business five days per week. He
advised that the Center is operating seven days a week, including holidays. He noted that the
Chamber was currently working with the recently opened Tele -Business Center in San Juan
Capistrano to inform rail commuters about the benefits of telecommunication. He advised
that flyers would be placed on cars parked at the Franciscan Plaza structure and along Camino
Capistrano inviting commuters to attend a meeting to be held at the Amsterdam Coffee
House. He also announced that a Pirate Festival, jointly sponsored by the Chambers of Dana
Point and San Juan Capistrano, was scheduled at the Mission and Dana Point Harbor on
October 6-8, 1995.
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
The Minutes of the Regular Meeting of June 20, 1995, were approved as submitted.
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The List of Demands dated July 5, 1995, in the total amount of $3,466,953.10 was received
and filed.
JUNE 1 •• (350,30)
The City Treasurer's Report of Investments as of June 30, 1995, in the total amount of
$14,408,478.26 was received and filed.
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' The Report dated July 18, 1995, from the Planning Director, advising that no new
development applications were received by the City since the last report of June 20, 1995,
was received and filed.
As set forth in the Report dated July 18, 1995, from the Engineering and Building Director,
the contract for the construction of the Trabuco de la Vista sewer from Calle Santa Barbara
to Oso Road was awarded to the lowest responsible bidder, Vido Artukovich and Son, Inc.
in the amount of $467,220. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
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As set forth in the Report dated July 18, 1995, from the Engineering and Building Director,
the following Resolution was adopted approving (1) the change in project scope from a
parking deck to an expanded surface parking area; (2) the change in project schedule with an
extended completion date of June 30, 1998; (3) a change in project funding; and (4) the
acquisition of Lot 11, Tract 50 from DiMaio:
RESOLUTION NO. 95-7-18-1
OF SCOPE AND PROJECT FUNDING - MULTI -MODAL PARKING
DECK (CALTRANS) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A REQUEST FOR A CHANGE OF SCOPE AND PROJECT FUNDING
THROUGH CONTRACT NO. 75V434 WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
Staff was authorized to forward the request for surplus funds to be allocated to City Railroad
Platform projects to the California Transportation Commission.
As set forth in the Report dated July 18, 1995, from the Engineering and Building Director,
the following Resolution was adopted authorizing the placement of "No Solicitation" signs
at each of the five main entrances to the Capistrano Business Center:
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MEI
RESOLUTION NO. 95-7-18-2. ESTABLISHING "NO SOLICITATION" -
CAPISTRANO BUSINESS CENTER - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO SOLICITATION' AT CAPISTRANO BUSINESS
CENTER PURSUANT TO CHAPTER 25, TITLE 5 OF THE MUNICIPAL
CODE
As set forth in the Report dated July 18, 1995, from the Planning Director, the following
Resolution was adopted approving 1) a one-year extension of the Business Promotional
Banner Program to expire August 31, 1996; and 2) a limitation of one banner per month per
business establishment:
RESOLUTION NO, 95-7-18-3. EXTENSION OF BUSINESS
PROMOTIONAL BANNER PROGRAM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING THE BUSINESS PROMOTIONAL
BANNER PROGRAM THROUGH AUGUST 31, 1996
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SOLICITMEMBERS (480,20)
As set forth in the Report dated July 18, 1995, from the Planning Director, staff was
authorized to advertise position openings for the two community at -large members of the
CDBG/HOME Application Committee for fiscal year 1996-97.
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The Planning Director noted that he abstained from any processing in this matter due to a conflict of
interest relating to the proximity of his residence to the project.
Proposal:
Consideration of a request for a Ridgeline Exception to comply with conditions of approval
for Tentative Tract 13726, which require the developer to construct a combination
construction/emergency access road between Areas C and D and Area H, which are separated
by a General Plan -designed "major ridgeline."
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265
Apnlicant/Propertv Owner:
' Toll Brothers, Attn: Jay Deckard
2100 W. Orangewood Ave., #180
Orange, CA 92668
Written Communication:
Report dated July 18, 1995, from the Planning Director, forwarding a description of the
project and recommending that the Mitigated Negative Declaration and Ridgeline Exception
be approved, subject to conditions.
Site plans were on display, and William Ramsey, Senior Planner, described the proposal. He
discussed issues identified during environmental review and the resulting mitigation measures.
He advised that the project had been reviewed in compliance with Municipal Code
requirements for a ridegline exception. He noted that the applicant had indicated a desire to
complete the access road following completion of construction; however, the Planning
Commission had included a condition for completion of the access road prior to issuance of
the 40th occupancy permit. He advised that the City will have a financial obligation for
construction of the road within the dedicated open space, pursuant to the Glendale Federal
Settlement Agreement.
Aoolicant's Comments:
Jay Deckard of Toll Brothers concurred with all of the recommendations proposed by staff,
including either completion of the access road by the 40th Occupancy Permit or upon
completion of the project.
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.
Council Comments:
Council Member Jones noted that the ridgeline already runs through the water reservoir;
therefore, ridgeline conformation will not be changed significantly. He recommended that the
road be paved following completion of construction. Council Member Hart noted that this
road would be used only for emergency dual access.
Adoption of Resolution Approving a Negative Declaration and Ridgeline Exception
for Glenfed Area "H":
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted, subject to a modification to Condition 911 requiring the
applicant to finish the access road upon completion of the project instead of prior to the
issuance of the 40th Occupancy Permit:
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266
RESOLUTION NO. 95-7-18-4. RIDGELIKE EXCEPTION 95-1 AND
NEGATIVE DECLARATION FOR TENTATIVE TRACT 13726
(GLENDALE FEDERAL PLANNED COMMUNITY AREA H) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION AND APPROVING A RIDGELIKE EXCEPTION FOR
A 46 -ACRE PARCEL LOCATED AT THE TERMINUS OF CAMINO LA
RONDA (GLENDALE FEDERAL PLANNED COMMUNITY, AREA H,
TENTATIVE TRACT 13726)
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 request to amend the Composite Development Plan for Area D-1 of the
Glendale Federal Planned Community located within Tracts 13437 and 13866, located
approximately 1/2 -mile southeast of the intersection of La Novia Avenue and Camino Del Rio.
The proposed modifications include newly -designed single-family units and a reduction in the
previously -approved sideyard setbacks from 10 feet on each side to 5 feet on one side and 10
feet on the other.
A_opltcant:
Taylor Woodrow Homes, Inc., Attn: Adrian Foley
24462 Ridge Route Drive
Laguna Hills, CA 92653
Written Communication:
Report dated July 18, 1995, from the Planning Director, describing the proposed
modifications and recommending approval of the amended Composite Development Plan.
The Conceptual Street Scene, site plans, landscape plan, irrigation plan, parking plan, and
previously approved building elevations were on display. C. J. Amstrup, Associate
Planner/Project Manager, made an oral presentation. --
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Council Member Swerdlin expressed concern with the proposed reduction in sideyard
setbacks for the project and inquired about setbacks requirements in the past. Mr. Tomlinson
explained that prior to 1975, setbacks in residential areas were 5 feet on each side. After
1975 setbacks were increased to 10 feet on each side. During development of the Glendale
Federal Planned Community specific sideyard setbacks were not designated in order to allow
flexibility for different product types. Eventually the concept became one of maintaining a
15 -foot separation between units. Other large planned communities were also allowed
flexibility in setbacks, but the change to a 15 -foot separation was not carried over to the basic
District regulations. Council Member Swerdlin inquired if the setbacks were economic -
driven. Mr. Tomlinson advised that the subject product could maintain the square footage
of the homes within the setback areas; however, design issues played an important part in the
setbacks.
Public Hearins:
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.
Council Discussion:
Council Members Swerdlin and Campbell noted they had reservations with reducing the
setbacks but, as Mr. Tomlinson explained, the reality was 15 -foot separations and the
proposed streetscape may be more pleasing. Council Member Campbell urged that lush
landscaping be required and be completed. Mr. Amstrup noted that the Design Review
' Committee had originally expressed concerns regarding landscaping but was ultimately
satisfied with the revised landscape plans submitted by the applicant. Council Member Hart
expressed concern with giving up setbacks. He noted that developers consistently request
reductions in setbacks and felt that the City should adhere to its 20 -foot separation standard
to ensure continuity. He felt that the proposed project could be redesigned to meet this
standard. Council Member Jones concurred, noting that the Planning Commission had
previously expressed concerns with reducing setbacks for projects. He complimented the
design of the project but felt that the project would not be compromised with 20 -foot
separation between structures. Mayor Nash concurred, noting that projects with less than 20 -
foot separation appeared too dense and preferred the 20 -foot separation for a more open
appearance.
Denial of Proposed Reduction in Sidevard Setbacks for Glenfed Area D-1:
It was moved by Mayor Nash, seconded by Council Member Swerdlin, and unanimously
carried that the proposed reduction in sideyard setbacks from 20 feet to 15 feet for Glenfed
Area D-1 be denied.
3. APPROVAL OF TENTATIVE PARCEL MAP 95-124 WAIVER AND FINAL
PARCEL MAP 95-124 FOR PROPERTY LOCATED AT 31401 EL HORNO
STREET (CITY OF SAN JUAN CAPISTRANO) (420.70)
' Proposal:
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Consideration of a proposal to waive the tentative parcel map process to divide an
approximately 6,000 -square -foot, City -owned residential parcel located at 31401 El Horno _
Street into two parcels, and to approve the Final Parcel Map. The division would allow the
City to sell the existing residence and retain ownership of the lot containing an historically
significant mission kiln.
AApolicant/Property Owner:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 18, 1995, from the Planning Director, recommending that the tentative
parcel map process be waived and the Final Parcel Map approved.
The Parcel Map was on display, and C. J. Amstrup, Associate Planner/Project Manager, made
an oral presentation. He noted that staff was currently working on a Capital Improvement
Project for the stabilization of the kiln on site which will be submitted to the City Council at
a future date.
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 Approving a Tentative Parcel Man Waiver and Final Parcel
Map 95-124:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO, 95-7-18-5. APPROVING WAIVER OF TENTATIVE
PARCEL MAP AND APPROVING PARCEL MAP 95-124 (CITY OF SAN
JUAN CAPISTRANO/MISSION KILN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING WAIVER OF TENTATIVE PARCEL MAP AND
APPROVING FINAL PARCEL MAP 95-124 TO SUBDIVIDE PROPERTY
LOCATED AT 31401 EL HORNO STREET (CITY OF SAN JUAN
CAPISTRANO/MISSION KILN)
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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4. CONTINUATION OF I ;telNG REGARDING RESOLUTION
ORDERING VACATIONOF IEASEMENT
AND 6 OF PARCEL MAP 87-253 (PRICE CLUB PLAZA) (670�5
Proposal:
Consideration of a request by Zucker Systems, representing the Price Company, to vacate the
easement located on Parcels 5 and 6 of Parcel Map 87-253 due to curbing encroachment into
the easement caused by the PetsMart construction. The intent of the easement was to serve
properties west of the railroad; however, an at -grade crossing could not be obtained,
rendering the easement essentially useless. This vacation was initiated on June 20, 1995, and
responses had been received requesting that the easement remain in place until access issues
regarding the properties to the west of the Price Club could be resolved.
Applicant:
Zucker Systems
1545 Hotel Circle South, Suite 300
San Diego, CA 92108
Written Communication:
Report dated July 18, 1995, from the Engineering and Building Director, recommending that
the hearing be continued to allow time to meet with the Capistrano Beach Water District and
Mr. Richard Gardner regarding their concerns.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there was no response, it was moved by Council Member Campbell, seconded by Council
Member Hart, and unanimously carried that the hearing be continued to the meeting of
August 15, 1995.
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Proposal:
Consideration of a request by Price Enterprises, Inc. for the Community Redevelopment
Agency to assign the existing Promissory Note and right to "auto tax revenues" with Price
Enterprises to Old MC, Inc., which is a holding corporation for accounting and tax purposes.
Applicant:
Price Enterprises, Inc.
Written Communication:
Report dated July 18, 1995, from Cassandra Walker, Community Development
Administrator, recommending that the Promissory Note and "auto tax revenues" be assigned
from Price Enterprises, Inc. to Old MC, Inc.
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C. J. Amstrup, Associate Planner/Project Manager, made an oral presentation, noting that the
proposed reassignment would not modify any terms of the original Promissory Note.
Public rin :
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 Assigning the Promissory Note and "Auto Tax Revenues" to
Old MC. Inc.:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO. 95-7-18-6. APPROVING ASSIGNMENT OF THE
PRICE ENTERPRISES. INC _PROMISSORY NOTE TO OLD MC. INC -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT OF PRICE
ENTERPRISES, INC. PROMISSORY NOTE TO OLD MC, INC.
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
The Resolution authorized the CRA Chairman to execute the Note on behalf of the
Community Redevelopment Agency.
RECESS AND RECONVENE
Council recessed at 7:50 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:51 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
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MEMBER
Written Communication:
Report dated July 18, 1995, from Cassandra Walker, Community Development
Administrator, advising that during Fiscal Year 1994-95 Shop and Dine funds were used to
install directional signs in the downtown, produce the Walking Tour Brochure, and conduct
City Council Minutes -10- 7/18/95
271
a community -wide shopping preference survey. The Report forwarded the 3-phase program
' for Fiscal Year 1995-96, designed to educate residents about the amenities, services and
restaurant and shopping choices available in San Juan Capistrano.
Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. In
response to questions from the Council, Ms. Lawrence noted that although the Mission
Festival Series had been discontinued, the $2,000 budgeted for the event could be used for
advertising to help local businesses. Mr. Scarborough added that a new Festival Series may
be considered in the future.
Council Member Hart suggested that the proposed educational classes for violators of the
Sign Ordinance be deleted and that violations be handled similar to other Code violations.
Public Comments:
(1) Tom Facon, Executive Director of the San Juan Capistrano Chamber of Commerce
and representing the Business Task Force, concurred with the staff recommendation
and expressed appreciation to City staff for their efforts on this program.
Council Comments:
Council Member Swerdlin commended the proposed program and felt it was a good start
toward helping the downtown businesses; Council Member Campbell concurred. Council
Member Hart expressed the hope that this one-year pilot program would be expanded and
that the Chamber and the Business Task Force could eventually assume total responsibility
for the program by the end of the year. Mayor Nash concurred and suggested that the
proposal for portable parking lot banners be modified. She felt that the funds could be spent
on a larger banner that would be placed over the entrances to driveways of shopping centers
rather than having just one banner hung at the intersection of Camino Capistrano and Del
Obispo Street. She felt that the proposed banners would detract from business signs. Council
Member Jones felt the proposed banners were festive and would encourage people to enter
the shopping centers. Council Member Hart stated that the purpose of the banners was to
attract attention and help people to recognize shopping areas in the City.
Approval of "Shop and Dine" Program for Fiscal Year 1995-96:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried that the City's "Shop and Dine" program be approved for fiscal year
1995-96, with the modification that Section 6.a.iii regarding Sign Code violators be deleted
and that staff be authorized to utilize the $10,000 budgeted for this program.
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Written Communication:
Report dated July 18, 1995, from the City Manager, recommending that the proposed
. Purchase Agreement and Joint Escrow Instructions be approved for the acquisition of the
31.31 -acre Williams Ranch property at a cost of $2,300,000, to be funded from Open Space
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Bond proceeds. This property is designated for uses such as equestrian facilities and passive
recreational uses, as identified in the Open Space Master Plan.
In response to an inquiry from the Council, Mr. Denhalter explained that the seller of the
property requested that the City initiate a "friendly" condemnation of the property for tax
benefits to the seller. Mr. Scarborough noted that the proposed sale was the last of the
property acquisitions approved as part of the Open Space Bond Measure.
Approval of Purchase and Sale Agreement and Joint Escrow Instructions:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Purchase and Sale Agreement and Joint Escrow Instructions be
approved for the acquisition of the Williams Ranch property at a cost of $2,300,000 from
Open Space Bond proceeds.
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Written Communications:
(1) Report dated July 18, 1995, from the Planning Director, recommending that the
request by Jerry Harris be approved to grant an exemption from the City's moratorium
on special events to conduct "Rodeo U.S.A." on August 17-20, 1995, at the corner
of Camino Capistrano and Junipero Serra Road. Staff recommended approval,
subject to the issuance of a Special Activities Permit and conditions limiting the hours
of operation and restricting the location of the event and its parking.
(2) Letter dated July 18, 1995, from Alice King of the Casitas Capistrano Association II
Board of Directors, expressing concerns with possible impacts from noise, dirt,
lighting, and parking.
(3) Letter dated July 18, 1995, from Mrs. E. M. Stubbs, 30681 Calle Chueca, and petition
signed by 36 residents requesting that fire safety be closely monitored, weeds be
removed, and trespassing controlled for the event.
Lynnette Lehmann, Administrative Assistant, made an oral presentation. She advised that
there had been problems with this event last year relating to noise and parking. She stated
that people attending previous events at this location have mainly complained about the fees
charged for parking and dust. The proposed limitations on the hours of operation were in
response to complaints previously received regarding the level of noise generated from the
event's music and carnival. She noted that notices of this item were sent to business owners
east of the freeway, the property owner of the J.E. Robert Company, the applicant, and all
homeowners associations and residents within 500 feet of the project, including those located
east of the freeway.
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Ms. Lehmann recommended that the following additional conditions be added: (1) "No Event
' Parking" signs shall be posted on Calle Chueca, Oso Road, and at the commercial centers,
unless authorization for parking is received; (2) "Free Parking" signs shall be posted at the
entrance to the event; (3) the applicant shall conduct weed abatement in the vacant lot owned
by Larry Buchheim; and (4) the applicant shall increase security in the surrounding residential
areas. She noted that the applicant agreed to the conditions recommended by staff, with the
exception of free parking and the limitation on the hours of operation.
Council Member Campbell questioned whether dust control in the parking lot had been
considered. She suggested that the issue of weed abatement at the Buchheim-owned lot be
investigated.
The applicant, Jerry Harris, stated his preference to maintain a parking fee because a
charitable group provided parking services and received the proceeds. With regard to hours
of operation, he suggested that a compromise be established to limit the close of the carnival
and music at 11:30 p.m. He agreed to provide weed abatement at the Buchheim property.
To monitor neighborhood problems, he stated that he would be inquiring about use of the
Sheriffs Department to provide mounted patrol units for security.
Council Member Jones felt that paid parking could help to offset costs for the applicant in
providing the additional enforcement needed for patrolling off-site parking and dust control
for the parking lot. He felt that closure of the carnival and music by 11:30 was acceptable as
long as the event itself closed at midnight on August 18 and 19 and 10:00 p.m. on August 20.
Mr. Scarborough felt that "No Event Parking" signs would help discourage parking on Calle
Chueca.
Adoption of Resolution Granting an Exemption from the Special Events Moratorium
for Rodeo U.S.A.:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted, as recommended by staff, with the following modifications:
(1) The close of the carnival operation, amplified music, and pyrotechnics for
August 18 and 19 shall be 11:30 p.m.;
(2) Paid parking shall be permitted.
l3WICItY11Y(YNiZ[Y�'��I�F£I�ef:7: ►Y h .� ul• • ► : Y u
MORATORIUM - RODEO U.S.A. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
GRANTING AN EXEMPTION FROM THE MORATORIUM TO ALLOW
A RODEO, DANCE, CONCERT, AND CARNIVAL, SUBJECT TO
APPROVAL OF A SPECIAL ACTIVITIES PERMIT
I
The motion carried by the following vote:
City Council M nutes, -13- 7/18/95
274
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Staff was directed to work with the applicant to resolve outstanding issues with dust control,
weed abatement, and security.
'• • SENIOR HOUSING APARTMENTS '• I
"PROPERTY)(430,40)
Written Communications:
(1) Report dated July 18, 1995, from the Planning Director, recommending that a
Resolution of Inducement be adopted to provide for tax-exempt revenue bond
financing for an affordable senior housing apartment housing project located on the
southwest comer of Ortega Highway and Rancho Viejo Road.
(2) Letter dated July 18, 1995, from Thomas E. Erickson, Project Manager for Kaufman
& Broad, requesting that the item be removed from consideration because of their
decision to induce the project via a State bond program.
Withdrawal of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that this item be withdrawn from consideration at the request of the
applicant.
ENGINEERING AND BUILDING SERVICES DIRECTOR
J► 1' �. C. 1►.'• •1 1
Written Communication:
Report dated July 18, 1995, from the Engineering and Building Director, recommending that
the request by Mr. Joe Napoli for a waiver of payment of Engineering and Development Fees
in the amount of $8,055 be denied. The Report noted that the building at 31981 Alipaz Street
had been illegally converted from a three-plex into a five-plex without permits and that Mr.
Napoli, who purchased the building in July, 1994, wished to convert one illegal unit back into
a garage and to bring the remaining illegal unit up to Code. Fees in the amount of $8,055
would be required for that fourth unit.
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The applicant, Joe Napoli, 31797 Paseo La Branza, felt he should not be required to pay the
■ Engineering and Development Fees since he brought the illegal conversion to the attention
of the City earlier in the year and intended to bring the illegal units up to Code.
Mr. Huber noted that the Disclosure Statement, which was signed by Mr. Napoli when he
purchased the unit, indicated that the additional two units were added prior to Mr. Napoli's
purchase and that the buyer must satisfy any permits in this regard. Mr. Napoli stated that
he signed the Disclosure Statement without fully realizing its implications.
Council Member Jones noted the probable number of illegal units in the City and felt that
Mr. Napoli had good intentions in bringing the illegal units to the attention of the City.
Mr. Huber advised that there was existing Code Enforcement action for this property and was
unsure whether Code Enforcement or Mr. Napoli brought the illegal units to the attention of
the City. Mr. Huber was unsure when the Code Enforcement originally began and suggested
that a compromise be offered to significantly reduce the fee; Mr. Napoli concurred.
Council Member Jones suggested that this item be continued to clarify the issue of Code
Enforcement action in this matter. Council Member Swerdlin felt the City should accept a
reduced fee and conduct its investigation to ensure this type of situation does not occur again.
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the
proposed Engineering Development Fee in the amount of $8,055 be reduced by 50%. After
' discussion, the motion was withdrawn.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that this item be continued to the meeting of August 1, 1995, for staff
to provide additional information and clarification regarding the Code Enforcement action
previously filed on this property.
• 1\l i • \ • _ L • � • • ILII / •I � � � �
Written Communication:
Report dated July 18, 1995, from the Engineering and Building Director, recommending that
the request by Marguerite Kennedy to quitclaim vehicular access rights to San Juan Creek
Road in order to install a driveway to Lot A of Tract 9786 be approved. The proposed
Quitclaim retained the right to restrict access to an approved driveway, the location and width
of which would be subject to approval by the City Engineer. The Report stated that
Ms. Kennedy was in the process of purchasing the property and intended to convert the
historic bunkhouse into a private residence and to construct a garage.
Public Comments:
' (1) Bill Hardy, 26523 Calle Lorenzo, spoke in support of Ms. Kennedy's request. He
noted the landscaping installed by Ms. Kennedy in the Los Rios Historic District and
City Council Minutes -15- 7/18/95
276
felt she would do an excellent job in restoring and preserving the existing structure
and property.
(2) Wallace Wade, 28052 Paseo Aldanza, spoke on behalf of Charlie Hulse, President of
the Hidden Mountain Homeowners Association. He noted that the Association had
not been notified of this item by the City and requested that it be continued for study
of the issues. He felt that the vacation of this property by the City would remove the
City's control over the property, which is currently zoned Open Space Preservation.
He felt that the only way the bunkhouse could be converted to residential use would
be as a caretaker facility. He noted there were no single-entry driveways along San
Juan Creek Road and expressed concern that ingress and egress from this property
where the roadway narrows on each side could be a safety hazard.
(3) The applicant, Marguerite Kennedy, stated that traffic concerns had been discussed
with the former City Engineer, who determined that the driveway could be
constructed to allow cars to exit frontwards from the property, eliminating the need
to back out onto San Juan Creek Road. She noted that the bunkhouse has been
vandalized over the years and stated that any improvements to the structure would be
appropriate and in keeping with historic preservation, including the preservation of
existing trees on the lot.
(4) Charles Heffner, 28332 Via Fernando, noted that traffic has increased significantly on
San Juan Creek Road over the years and that cars speed regularly. He expressed
concern that the proposed driveway would be a safety hazard. He noted that
eastbound traffic backs up between the Hidden Mountain gate and Ambuehl School.
He felt there was insufficient room to construct a circular driveway on the lot and
requested that the safety issues be addressed.
(5) Donna Chandler, 28242 Paseo Andante, noted correspondence dating back to 1993
from residents requesting resolution of the traffic problems on San Juan Creek Road
near the entrance to Hidden Mountain. She felt that the proposed driveway's location
across from Tar Farms and the school could impact children walking to school and
increase vehicular stacking on San Juan Creek Road. She recommended that safety
issues be studied further before granting vehicular access to the lot.
Mr. Huber advised that traffic issues had been studied, and staff felt that the proposed small,
single-family residence would generate an insignificant amount of traffic. In addition, the
proposed driveway configuration would allow sufficient room for cars to exit headfirst onto
San Juan Creek Road. With regard to notification, he indicated there may have been
confusion between the Hidden Mountain Homeowners Association and the homeowners
association for Hidden Mountain Estates. He noted, however, that no legal noticing was
required for this project since it is not subject to discretionary or public review.
Council Member Jones felt that the restoration of the bunkhouse would be done with
sensitivity by Ms. Kennedy. However, he concurred with the concerns expressed by the
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277
residents regarding traffic and access to the lot. He felt that continuing the item would allow
' the residents to discuss their concerns with the applicant. Council Member Hart stressed that
the review should be focused only the issue of safety of the driveway. He noted that he
support Ms. Kennedy's proposal for restoration of the building. Council Member Swerdlin
concurred.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that this item be continued to the meeting of August 1, 1995, to address
ingress/egress issues and for staff to provide recommendations to resolve residents' concerns
with traffic safety.
NVOINREM
Council Member Campbell reported that progress on both Corridors was moving
along rapidly and noted there would be discussion with Mr. Willett on July 19
regarding the soundwalls.
b. Leave of California Cities (,140.20)
Council Member Hart advised that all discussion at the last League meeting centered
around the County's bankruptcy and that various groups were in the process of
making recommendations for forwarding to the County.
Council Member Jones indicated that a report would be provided to the Council in
their slots and noted that the desalting project was moving along.
. ,� C. •. 1 1 •1
Council Member Jones noted that a report would be provided to the Council in their
slots.
Council Member Hart indicated that an emergency session was held on Sunday,
July 16, to reconsider the contract offer at the request of the City of Westminster. He
advised that members voted to reinstate the offer for Westminster to join the
' Authority.
City Council Minutes -17- 7/18/95
278
• I •
None.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 9:24 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 two cases,
2. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
City of San Juan Capistrano;
3. Public Employee Appointment, per Government Code Section 54957, position to be filled is
Director of Public Lands and Facilities; and
4. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association and the
Management Employees Association.
The City Clerk was excused therefrom, and the meeting reconvened at 10:55 p.m.
COUNCIL ACTION FOLLOWING CLOSED SESSION
Mr. Denhalter advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:55 p.m. to the
next regular meeting date of Tuesday, August 1, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
,J
CAROLYN WASH, MAYOR
City Council Minutes
Respectfully submitted,
18-
7/18/95