95-1121_CC_Minutes_Regular Meeting44S
NOVEMBER 21, 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 pro tem Hart at 7:05 p.m. in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Pastor William Ferrell of The Life Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: Carolyn Nash, Mayor
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Dawn
Schanderl, Deputy City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga,
Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan,
Chief of Police Services, Nancy Bernardi, Recording Secretary.
' MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS AND PRESENTATIONS
11 111 Ifi9IRIVINVICIMINCTI
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner and Bill Sonka (Planning Commission), Kathy Holmes and Pauline
Leonard (Parks, Recreation, and Equestrian Commission), Don Tryon (Cultural Heritage
Commission), and Al Simmons (San Juan Seniors Club).
ACKNOWLEDGEMENT OF DONATIONS (150.10)
Maxine Baker noted the dissolution of San Juan Beautiful, Inc. and presented a check to the
City in the amount of $2,000, to be placed in a trust fund for replacement trees or trees for
the new Sports Park. She noted the contributions made by the organization over the years,
including the donation of trees along the freeway, Camino Capistrano, the downtown area,
' and the Depot, as well as Christmas poinsettias each year. She offered her assistance
wherever needed. Marge Baumgartner noted that Mayor Nash was one of the founding
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members of San Juan Beautiful, Inc. The Council expressed appreciation to the organization
for their contributions to the City over the years.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
• • • • 1 11►1 • ' 1 .1
Al Simmons, 32302 Alipaz Street, Space 135, President of the San Juan Seniors Club, noted
the following major sponsors for the Hoedown fundraiser held on October 21, 1995, who
donated $500 or more toward the event: San Diego Gas & Electric, South Coast Medical
Center, Medix Ambulance Service, San Juan Lincoln/Mercury, Swallows Tale, and Solag
Disposal. He presented a check to the City in the amount of $6,273.06 representing the net
proceeds from the event, which will be allocated to the new Community Center. He
expressed appreciation to the City for their financial assistance in waiving the Special Event
fees.
It was moved by Council Member Jones, seconded by Council Member Campbell, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor pro tem
Hart
NOES: None
ABSENT: Mayor Nash
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OCTOBER••
The Minutes of the Regular Meeting of October 17, 1995, were approved as submitted.
The List of Demands dated November 8, 1995, in the total amount of $1,525,360.16 was
received and filed.
The City Treasurer's Report of Investments as of October 31, 1995, in the total amount of
$9,820.850.63 was received and filed.
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4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
' The Report dated November 21, 1995, from the Planning Director, advising that four new
development applications were received by the City since the last report of October 17, 1995,
was received and filed.
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As set forth in the Report dated November 21, 1995, from the Engineering and Building
Director, the following Resolution was adopted declaring the work for the Capital
Improvement Project, Installation of Drainage Improvements on Calle Delgado, consisting
of the installation of a curb inlet and connection of the inlet to an existing storm drain on Calle
Delgado, to be complete:
RESOLUTION NO. 95-11-21-1. COMPLETION OF CALLE DELGADO
DRAINAGE IMPROVEMENTS (BOB WETZEL CONCRETE. INC.) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF DRAINAGE IMPROVEMENTS ON CALLE
' DELG_ADO (BOB WETZEL CONCRETE, INC.)
The Resolution accepted the work as complete in the amount of $9,624.00 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $962.40 thirty-five (3 5) days after recording
the Notice of Completion.
As set forth in the Report dated November 21, 1995, from the Director of Public Lands and
Facilities, the specifications were approved for the 1996-97 Weed and Rubbish Abatement
Program. Staff was authorized to call for bids for a two-year contract.
As set forth in the Report dated November 21, 1995, from the Director of Engineering and
Building, the specifications were approved for the maintenance of various City parks,
parkway areas, facilities, the Sports Park, and Landscape Maintenance Districts. Staff was
authorized to call for bids for a two-year contract for fiscal years 1996-97 and 1997-98.
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As set forth in the Report dated November 21, 1995, from the Engineering and Building
Director, the following Resolution was adopted setting the public hearing date regarding the
intent to vacate a portion of Via Entrada for January 2, 1996:
RESOLUTION NO. 95-11-21-2. INTENT TO VACATE A PORTION OF
VIA ENTRADA. A PUBLIC STREET IN THE GLENDALE FEDERAL
PLANNED COMMUNITY (TAYLOR WOODROW HOMES/PACIFIC
COMMUNITIES BUILDER) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENT TO VACATE A PORTION OF VIA
ENTRADA WITHIN TRACT 13865, FOURTEEN HUNDRED FEET
SOUTHEASTERLY OF LA NOVIA AVENUE TO THE TERMINUS OF
VIA ENTRADA IN TRACT 13437 (TAYLOR WOODROW
HOMES/PACIFIC COMMUNITIES BUILDER)
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The Claim filed by Michelle A. Reinglass and Vickie Lynn Bibro, attorneys on behalf of Jerry
Peacock, Octavio Gonzales, and Mickey Romero, was denied in its entirety, as set forth in
the Report dated November 21, 1995, from the City Attorney.
The following item was removed from the Consent Calendar for a brief staff presentation.
Mr. Arranaga noted that the three replacement trucks would be powered by propane gas.
Because of their fuel efficiency, the vehicles will be funded by the State and monies
distributed to the City in conjunction with a State program for implementing pollution
reduction methods.
As set forth in the Report dated November 21, 1995, from the Public Lands and Facilities
Director, it was moved by Council Member Jones, seconded by Council Member Swerdlin,
and unanimously carried that the contract for the purchase of the following alternative fuel
vehicles be awarded to the lowest qualified bidder, Nicholas Chevrolet, as follows:
City Council Minutes
Full-size, 'h -ton, two -wheel drive pickup $15,803.64
1 -ton flatbed truck with lift gate $26,160.63
Mid-size, 4 -wheel drive utility truck $26,150.90
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All other bids were rejected. The Mayor and City Clerk were authorized to execute the
' contract on behalf of the City.
PUBLIC HEARINGS
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Proposal:
Consideration of County applications which would t) revise the City's General Plan to add
specific policies which would apply to the County's design and operation of the landfill; 2)
establish a Solid Waste Facilities district and classify landfills as conditional uses; 3) rezone
a portion of the site to the new district; and 4) grant a Conditional Use Permit for the landfill.
The permit would establish operational requirements and an annual maximum tonnage limit
of 235,000 tons of solid waste for the landfill. The landfill consists of a 1,520 -acre site, 560
acres of which is located within City limits and 133 acres within the City of San Clemente.
Applicant:
County of Orange/Environmental Management Agency
Attn: George Britton, Chief of Project Planning
P.O. Box 4048
' Santa Ana, CA 92702-4048
Written Communications:
(1) Report dated November 21, 1995, from the Planning Director, recommending that
the Council 1) certify Revised Draft Environmental Impact Report #548, 2) approve
the General Plan Amendment, 3) introduce an ordinance which would establish the
solid waste facility base zone and designate the Prima Deshecha Canada Landfill as
a solid waste facility site; and 4) continue consideration of the conditional use permit.
(2) Follow-up Memorandum dated November 17, 1995, forwarding the Response to
Comments on the Draft EIR prepared by the County and revised Resolutions and
Ordinance.
(3) Follow-up Memorandum dated November 21, 1995, from the Engineering and
Building Director, summarizing the actions taken by the Transportation Commission
in this matter at their Special Meeting of November 16, 1995.
William Ramsey, Senior Planner/Project Manager, gave an oral presentation. He advised that
the project description did not include the County's General Development Plan (GDP), which
will be submitted for City review sometime in 1996. He noted that the Planning Commission,
at their meeting of November 14, 1995, deferred any recommendation to the Council
' regarding certification of the Draft EIR because they wanted the EIR to address the increase
in tonnage and the impacts from the landfill on the City of San Clemente, e.g. storm drain
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450
basins and preservation of ridgeline views. He stated that language was added to the draft
Resolution which 1) explicitly excludes any certification of the EIR as it applies to the GDP,
and 2) extends CEQA's Notice of Determination period from thirty to sixty days to allow the
City of San Clemente more time to resolve their concerns with the landfill plan.
Council's Ouestions to Staf%
Council Member Jones inquired how the potential impacts to the City from the increase in
tonnage to the landfill could be addressed. Mr. Ramsey explained that those concerns were
partially addressed through the Memorandum of Understanding (MOU) and through the
proposed condition of approval #7d contained in the Resolution for the Conditional Use
Permit. He added that the City's review of the GDP next year would provide the City with
the opportunity to impose additional mitigation measures on the GDP.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Hart opened the Public Hearing,
and there being no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Campbell inquired whether the draft EIR addressed all of the City's
concerns, particularly if the landfill were sold. Mr. Scarborough advised that consideration
of the County's Conditional Use Permit application would be continued to the December 5
meeting and that any conditions of approval adopted by the Council would be applicable to
any operator of the landfill. Mr. Denhalter felt satisfied that the draft EIR addressed potential
impacts to San Juan Capistrano but added that the City of San Clemente would have to
continue to work with the County to resolve their concerns. Council Member Campbell felt
that the draft EIR did not address all of the potential impacts to San Juan Capistrano.
Adoption of Resolution Certif U Revised Draft Environmental Impact Report #548
and Approving General Plan Amendment 93-06:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 95-11-21-3. CERTIFYING REVISED
ENVIRONMENTAL IMPACT REPORT AND APPROVING GENERAL
PLAN AMENDMENT 93-06 (PRIMA DESHECHA CASADA
LANDFUILL) (COUNTY OF ORANGE) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING REVISED ENVIRONMENTAL IMPACT
REPORT #548, PRIMA DESHECHA CANADA LANDFILL GENERAL
DEVELOPMENT PLAN, AND APPROVING AMENDMENTS TO THE
GENERAL PLAN, GENERAL PLAN AMENDMENT 93-6, FOR THE 560 -
ACRE PARCEL LOCATED AT THE SOUTHERN TERMINUS OF LA
PATA AVENUE (PRIMA DESHECHA CANADA LANDFILL).
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The motion carried by the following roll call vote:
' AYES: Council Members Jones, Swerdlin, and Mayor pro tem Hart.
NOES: Council Member Campbell
ABSENT: Mayor Nash
Introduction of Ordinance Establishing a Solid Waste Facility Base Zone District:
The Deputy City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones,
seconded by Council Member Swerdlin, that the following Ordinance be introduced:
AN AMENDMENT TO TITLE 9. CHAPTER 3 OF THE MUNICIPAL
CODE REGARDING SOLID WAST-FFACILITIES (SWF) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 3 OF THE LAND USE
CODE ESTABLISHING A SOLID WASTE FACILITY (SWF) BASE
ZONE DISTRICT, DESIGNATING PRIMA DESHECHA LANDFILL AS
A SOLID WASTE FACILITY (SWF) SITE, AND AMENDING
APPENDIX "A," DEFINITIONS TO ESTABLISH A DEFINITION FOR
SOLID WASTE FACILITIES (SWF)
I
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, and Mayor pro tem Hart
NOES: Council Member Campbell
ABSENT: Mayor Nash
Continuation of Consideration of Conditional Use Permit 95-04 for a "Solid Waste
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that consideration of Conditional Use Permit 95-04 for a "solid waste
landfill" and landfill -related uses be continued to the meeting of December 5, 1995.
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Council Member Jones indicated that he would abstain on this items due to a potential conflict of
' interest relating to the proximity of his residence/business to the proposed project.
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452
Proposal:
Consideration of two alternative revisions to the Purchase Agreement and Escrow
Instructions for the sale of the Depot property, which were executed on October 18, 1995:
1) leasing the Depot property to Manna Station, Inc. until threats of pending litigation are
resolved and indemnifying the buyer from any future litigation; or 2) revising the terms of the
proposed short-term loan of $410,000, including a possible time extension of the loan and
reduction in the interest rate. Currently, the terms of the note are 9% over a three year period
with a balloon payment due at the end of three years. Option #2 would require the Buyer to
obtain releases to protect the City, Agency, and the Buyer from any future litigation threat
and would provide indemnification for the City and Agency.
Written Communication:
Report dated November 21, 1995, from Cassandra Walker, Community Development
Administrator, recommending that one of the two options revising the Purchase Agreement
and Escrow Instructions for the sale of the Depot property to Manna Station, Inc. be
approved.
Cassandra Walker, Community Development Administrator, made an oral presentation. She
noted that after additional staff study, option #2 would allow the note to be paid off within
four years at an interest rate of 7%. She recommended that the Council approve option #2
because it would avoid the expense of nuisance litigation, provide entitlements that would
help move the property in the event of a sale, reduce the interest rate from 9% to 7% over a
four-year period, and allow the new restaurant to open before the holidays.
Public Hearing:
Notice having been given as required by law, Mayor pro tem Hart opened the Public Hearing,
and the following person responded:
(1) Carlos Negrete, 27422 Calle Arroyo, inquired as to the amount of the lease for option
#1 and the pending threat of litigation.
Mr. Scarborough indicated that the proposed lease would be $8,500 per month, in addition
to the present annual revenue of $1,800 from the Amtrak ticket booth. Regarding the threat
of litigation, Mr. Denhalter advised that the threat was from the former offerer of the
transaction who opened escrow and made two separate deposits of $25,000. The offerer
refused to close escrow, and the escrow is still pending. He stated that the pending litigation
was of nuisance value only and could be won by the City in a reasonable period of time. He
noted that the litigation, however, could affect the marketability of the property and its value.
He added that if the City were to initiate litigation, there would be a substantial delay in the
purchase of the property.
Mr. Negrete felt that with option 92, the City would be giving the new buyer a special
discount and opposed either option as not being in the best interest of the City.
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There being no further input, the hearing was declared closed with the right to reopen at any
' time.
Council Discussion:
Council Members Campbell and Swerdlin felt it was important to have the Depot restaurant
open again as soon as possible to boost business and activity in the downtown area,
particularly during the holiday season.
Annroval of Revisions to Purchase Agreement and Escrow Instructions for the Sale
of the Depot Property:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
terms of the Purchase Agreement and Escrow Instructions executed on October 18, 1995,
for the sale of the Capistrano Depot to Manna Station, Inc. be revised as follows:
The term of the short-term loan of $410,000 shall be extended to four years
at an interest rate of 7%. The Buyer shall obtain releases to protect the City,
Community Redevelopment Agency, and the Buyer from any future litigation
threat or provide indemnification for the City and Agency.
The motion was carried by a 3-0-1 vote, with Council Member Jones abstaining.
RECESS AND RECONVENE
' Council recessed at 7:50 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:01 p.m. as the City Council.
1
CITY MANAGER
Written Communication:
Report dated November 21, 1995, from Douglas Dumhart, Management Analyst II,
recommending that the Operational Area Agreement be approved with the County of Orange.
The Agreement would establish a framework for the administrative and emergency operation
of the Operational Area, which consists of all cities, public agencies, and special districts in
the County. The Agreement would allow the County to compete for emergency resources
with other counties and provide the structure to employ those resources where they are most
needed.
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Adoption of Resolution App or vin:, the Operational Area Agement with the County of Oranee:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO, 95-11-21-4. APPROVAL OF THE OPERATIONAL
AREA AGREEMENT OF THE COUNTY OF ORANGE AND POLITICAL.
SUBDIVISIONS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
OPERATION AREA AGREEMENT OF THE COUNTY OF ORANGE
AND POLITICAL SUBDIVISIONS TO ESTABLISH THE STATE -
MANDATED OPERATIONAL AREA FOR EMERGENCY
MANAGEMENT
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor pro tem
Hart
NOES: None
ABSENT: Mayor Nash
PLam 10M 3711tI 191111111:11► 1' 1'
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Written Communication:
Report dated November 21, 1995, from the Engineering and Building Director,
recommending that a request from the Hidden Mountain Homeowners Association be denied
to install a three-way stop sign with crosswalks at the intersection of San Juan Creek Road
at Avenida La Mancha. The Report addressed alternatives considered by staff, including "no
U -tum" signs. The Report advised that warrants could not be met for an all -way stop sign,
the need for a crosswalk was limited, and the intersection was functioning adequately. This
item was continued from the meeting of November 7, 1995, to ensure proper public
notification.
Mr. Huber made an oral presentation.
Public Comments:
(1) Charles Hulce, representing the Hidden Mountain Homeowners Association,
expressed strong concerns regarding safety in the area. He offered to pay for the
installation of the stop sign and agreed to a trial period at his expense.
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(2) Dina. Meek, 28252 Paseo Andante, spoke in favor of the stop sign. She felt the stop
' sign was needed regardless of the traffic warrant criteria, noting that the area
consisted of a small, residential neighborhood with many children traveling to and
from school.
(3) Debbie Edgcomb, 28411 Avenida La Mancha, representing the Hidden Mountain
Estates Homeowners Association, indicated that the increase in traffic over the years
has adversely affected their neighborhood with cars traveling at high speeds. She
expressed concerns regarding safety, particularly for children.
(4) Donna Chandler, 28242 Paseo Andante, indicated that the overwhelming majority of
Hidden Mountain residents want some kind of traffic control at this intersection. She
felt the intersection was very difficult to negotiate, particularly with children crossing
La Mancha at the existing bike path. She noted that at the September meeting of the
Transportation Commission, a Sheriffs Deputy advised it was easier to have
enforcement for a stop sign than the speed limit.
(5) Col. Charles R. Heffner, 28332 Via Fernando, urged that the Council approve the
stop sign to resolve the safety concerns at this intersection before a terrible accident
occurs. He noted that speeding cars pass his car regularly on San Juan Creek Road,
sometimes with children present in the crosswalk. He indicated he conducted his own
personal survey of the speeds of 26 car at the location of the radar unit on San Juan
' Creek Road, which showed three cars traveling at 35 mph, nine between 40-45 mph,
ten at about 50 mph, and one at 66 mph.
Council Member Swerdlin concurred with Col. Heffner's comments, stating that the main
issue was with speed. He suggested that alternative speed control methods be considered,
such as speed bumps, dips, etc.
Council recessed at 8:20 p.m. Council reconvened at 8:30 p.m., with Council Member Campbell
absent.
Council Member Jones concurred with the concerns expressed and felt that a stop sign at
Calle Cartagena would also help the intersection at La Mancha. He noted that the cost to
install a stop sign was minimal but emphasized the importance of enforcement. He felt that
the City, and not the residents, should pay for the sign. He suggested that the stop sign be
installed on a trial basis to assess its effect and any adverse impacts that may have been
created, at which time other alternatives could be considered. Council Member Swerdlin
concurred, suggesting a six-month trial period. He urged that the homeowners associations
place a notice in their newsletters urging residents to reduce speeds in the area. He also
emphasized the importance of enforcement of the stop sign.
I
Council Member Campbell returned to the Chamber at 8:35 p.m.
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Mayor pro tem Hart felt that the close proximity of the Hidden Mountain gate to the
intersection has caused stacking problems since 1989. He expressed concern that children
may not be easily seen entering the crosswalk and that about 50% of motorists do not come
to a full stop at stop signs. He noted that many children assume cars will stop at a stop sign
and that with the absence of stop signs, children will stop and look both ways before crossing.
He felt that stop signs should not be used to control the speed of cars. He noted that
residents that use the stop sign at Camino Lacouague feel the area is dangerous, particularly
for children. Lt. Sullivan agreed that stop signs are easier to enforce but indicated that both
stop signs and speed can be enforced. Mayor pro tem Hart noted that prohibiting U-tums at
the gate would force motorists to travel through the neighborhood in order to turn around
and exit.
Council Member Campbell concurred that the location of the gate to Hidden Mountain was
too close to the intersection and needed to be addressed. She felt the installation of a stop
sign was acceptable for a trial period of time but that enforcement was necessary. Council
Member Jones concurred with Mayor pro tem Hart's concerns regarding prohibiting U-turns
at the gate.
Approval of Request for Stop Sign on San Juan Creek Road at Avenida La Mancha:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the request to install "All -Way" stop signs at the intersection of San
Juan Creek Road and Avenida La Mancha be approved. The effectiveness of the stop signs
shall be reviewed by the Council after a six-month trial period. The request to install a "No
U -Tum" sign at the intersection was denied.
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Written Communication:
Report dated November 21, 1995, from the Engineering and Building Director,
recommending that a request be denied from several residents for the installation of a stop
sign at San Juan Creek Road and Calle Cartagena adjacent to Ambuehl School. The Report
indicated that staffs recommendation was based on the lack of warrants for an all -way stop
sign at this location and the intersection functioning adequately. This item was continued
from the meeting of November 7, 1995, to ensure proper public notification.
Public Comments:
(1) Dina Meek, 28252 Paseo Andante, spoke in favor of the stop sign. She felt the stop
sign was needed regardless of it not meeting traffic warrants, noting that the area
consisted of a small, residential neighborhood with many children traveling to and
from school.
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(2) Kim Herkewitz, 27892 Calle San Remo, explained that more accidents have not
occurred in the area because of the presence of the crossing guard. She noted that
many trucks travel at high speeds in the area in addition to cars.
(3) Jim Lowe, 31671 Via Madonna, noted the increase in traffic over the years. He felt
that the traffic study did not address the visual impairment caused from vehicles
parking along San Juan Creek Road for vehicles exiting Cartegena. He noted that he
lives 50 feet from the subject intersection and hears screeching tires on a daily basis.
(4) Linda Guerrero, 31515 Sundance Drive, indicated she is a crossing guard for
Ambuehl School. She stated that everyday she sees speeding cars, illegal U-turns, and
cars passing each other because of the uninterrupted flow of traffic on San Juan Creek
Road. She noted there has been many "close calls" and urged that the proposed safety
measures be approved.
Council Member Campbell urged all of the affected residents to return to the City Council
after the six-month trial period to provide input on the stop signs' effectiveness.
Request for Stop Signs on San Juan Creek Road at Calle Cartagena:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the request to install "All -Way" stop signs at San Juan Creek Road
and Calle Cartagena be approved. The effectiveness of the stop signs shall be reviewed by
' the Council after a six-month trial period.
Council Member Campbell left the Council Chamber at 8:55 p.m. and was absent for the remainder
of the meeting.
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TRACT 6305. LOTS 16-22 (390,LQ
Written Communications:
(1) Report dated November 21, 1995, from the Engineering and Building Director,
recommending that the request by seven property owners on Hunt Club Drive be
denied to waive all fees associated with the proposed slope repair, totaling $13,185.
The associated fees include grading plan check, grading permit, and planning review.
The Report indicated that the waiver was requested due to the absence of insurance
to pay for the costs of the project. The staff recommendation was based on the
unsimilar circumstances with this project and the Dana Mesa and Calle Lucana
landslides, which fees were waived by the Council.
(2) Letter dated November 10, 1995, from Wayne Chamberlain and Dr. Elizabeth
Grimley, M.D., 30882 Hunt Club Drive, contesting the statements made in a letter
from Mr. McFarland regarding the residents' reasons for the waiver request. They
urged that the City assist the affected homeowners in trying to save their properties
and repair the slide.
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Mr. Huber made an oral presentation. He noted that the slope is currently a natural slope and
that any repair of the slope would make it a man-made slope, which would require review by
the City.
Public Comments:
(1) Wayne Chamberlain, 30882 Hunt Club Drive, disagreed with the accuracy of the staff
report. He felt that the grading was not a standard grading project and that the
affected residents have suffered the impacts of trauma and other emotional factors
similar to residents of the Dana Mesa and Calle Lucana slides. He stated that the
value of his property has decreased as a result of slope problems and noted the money
he has expended on fees and geotechnical studies. He indicated that he has not been
contacted by any member of City staff regarding this matter.
(2) Tony Montebello, 30812 Hunt Club Drive, urged that the Council waive the fees to
financially assist the homeowners in saving their properties.
(3) Patrick Timmins, 30852 Hunt Club Drive, felt that the request to waive fees should
not be denied just because of their location in the Hunt Club. He stated that a
precedent was already set in this matter with the waiver of fees for the Dana Mesa and
Calle Lucana landslides. He noted the devaluation of their properties as a result of
the slope problems, which he learned about in March 1995. He indicated that the
residents had no insurance that would cover the slope repair, which would cost about
$120,000.
(4) Mr. Arragoni, 30832 Hunt Bluc Drive, noted that FEMA considered their slope
failure a disaster as a result of the rains in February 1995. He stated that the costs to
repair the slope escalate on a daily basis and that it has been difficult finding people
to assist. He emphasized that no one from the City has personally visited their
properties and felt that the residents in this matter have been treated unfairly.
(5) Tom Merrell of Civic Solutions, representing the seven property owners in this
matter, spoke about the scale of the slope failure, which is about 200 yards long and
100 feet wide. He noted that problems with the slope increased over the summer
despite no rainfall. He advised there were important public facilities owned by the
City located at the bottom of the canyon that are being affected by this slide: public
equestrian trail and easement, City sewer line, and City drainage easement with an
open drainage swale. He stated there was substantial evidence showing that
movement of the slide was putting pressure on these public facilities. Once the slope
is repaired, he felt that the pressure would be taken off of the public facilities, and the
City would not be forced to fund the repair of these facilities in the event of slope
failure. He stated that the waiver of fees would enable the property owners to repair
the slope and protect their homes and the public facilities at the bottom of the slope.
Council Member Swerdlin suggested that a decision on this matter be continued so that City
staff could work with the residents on a solution. Council Member Jones concurred.
City Council Minutes -14- 11/21/95
4S9
Council Member Jones inquired whether the geotechnical studies had been completed.
Mr. Merrell advised that the residents hired a competent geotechnical firm to complete the
geological report on the slope, which cost about $75,000. In addition, the residents hired a
civil engineer to prepare an engineering grading plan at the request of the City, and City staff
expedited the processing of those plans. He stated that since the work cannot be completed
before the upcoming rainy season, the residents now want to "winterize" the slope at this time
and perform the major work in the spring.
Council Member Jones expressed concern with setting a precedent for similar requests in
other areas in the City, noting that many homes in the City are constructed on hillsides.
Mayor pro tem Hart stated that continuing consideration of this item would still allow the
residents to winterize the slope now.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that this matter be continued to the meeting of January 2, 1996, for staff
to work with the residents on a resolution to this problem.
a� �►1_ 1 1
1. CONSIDERATION OF OPENING SOUTH (GLENFED) OPEN SPACE
PROPERTY FOR PUBLIC USE (530.40)
' Written Communication:
Report dated November 21, 1995, from the Director of Public Lands and Facilities, in
response to Council direction to review recommendations for opening the 920 -acre Glenfed
open space property to the public. At this time staff recommended the opening of 6 miles of
existing graded dirt roadway for equestrian, hiking, and bicycle use, which will dead-end at
the Concorde Development site, the Taylor Woodrow Development site, and above the Old
Dump site. Projected costs are $1,000 for modifying the existing gate for equestrian access
and $500 for the installation of signs.
Mr. Arranaga gave a slide presentation showing various views along the trail, an overview
of the City's trail system, and proposed signage. He noted that an area on top of the bluff
could be used as a rest stop and that an existing concrete water trough could be reactivated
to water horses and supply a drinking fountain.
Council Member Jones suggested that two portable toilet facilities be installed along the trail
to accommodate trail users. He felt these facilities could be made unobtrusive so as not to
spook horses. He suggested that the trail be closed during the fire season. Mr. Arranaga
concurred with Council Member Jones' suggestions.
Approval of Public Access to a Portion of the Glenfed Open Space Propem:
' It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that a portion of the 920 -acre Glenfed open space property be opened
City Council Minutes -15- 11/21/95
EM
for public use by opening 6 miles of existing graded dirt roadway for equestrian, hiking, and
bicycle use at a total cost of $1,500. Staff was directed to consider the following amenities
for installation along the trail: two portable toilet facilities, the reactivation of the self -
maintaining water troughs, and drinking fountain(s).
Y•�iiIIJF[•]►�:� K•Ze1►LC�lefl 10ILKINU&SIM009M
Written Communication:
Report dated November 21, 1995, from the Director of Community Services, recommending
that the Fiesta Association be recognized as the lead agency in administering, coordinating,
and conducting official events associated with the 1996 Fiesta de las Golondrinas celebration.
The Report also recommended that staff be directed to work in conjunction with Fiesta
Association representatives to assist in the transfer of duties, responsibilities, and activities
from the City to the Association to reduce the City's costs associated with this event.
Adoption of Resolution Recognizing the Fiesta Association as Coordinating Agency:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 95-11-21-5. RECOGNIZING THE FIESTA
ASSOCIATION AS LEAD ORGANIZATION - FIESTA DE LAS
GOLONDRINAS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOGNIZING
THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION AS THE LEAD
ORGANIZATION IN COORDINATING AND ORGANIZING VARIOUS
COMMUNITY EVENTS ASSOCIATED WITH THE CITY'S ANNUAL
FIESTA DE LAS GOLONDRINAS RETURN OF THE SWALLOWS
CELEBRATION
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, and Mayor pro tem Hart
NOES: None
ABSENT: Council Member Campbell and Mayor Nash
City Council Minutes -16-
11/21/95
461
2. REOUEST TO NAME PROPOSED PARK SITE LOCATED AT SAN JUAN
CREEK ROAD AND CAMINO LACOUAGUE (920.401
Written Communication:
Report dated November 21, 1995, from the Community Services Director, requesting that
the Council provide direction on the request to name the proposed park at San Juan Creek
Road and Camino Lacouague "Honey Park." The Report noted a letter dated August 1,
1995, from former resident Pamela A. Murray requesting that the park be named "Honey
Park" contingent on Mr. Jack Gottfried's agreeing to contribute an additional $5,000 to his
previous $5,000 pledged donation for the tot lot. Also attached to the report are several
petitions from residents in the adjacent neighborhoods in support of the request.
Mr. King made an oral presentation. Mr. Arranaga noted that once funds are available,
construction of the park would take about nine to ten months depending on weather.
Public Comments:
(1) Renee and Mike Bondi, 28681 Paseo Bahia, spoke on behalf of the Lacouague family.
Mrs. Bondi noted that the area in which the proposed park is located was land upon
which her father was born and his family was raised. She felt that her father worked
hard on the land and preferred that the name of the park be Spanish in origin in honor
of her family's heritage rather than named after a dog. She noted that the letter
submitted by Pamela Murray did not include unanimous support of the residents in
naming the park "Honey Park." Mr. Bondi inquired about the background of the
request and the funds received to date from Mr. Gottfried.
Mr. King and Ms. Pendleton advised that as funds have been received from residents, the
money has been deposited in a separate trust account with the City; however, the $5,000
donated by Mr. Gottfried for naming the park's tot lot "Honey Tot Lot" has not been turned
over to the City and is deposited in a separate bank account held by Mr. Gottfried.
Mr. Bondi felt that the City should not name the park for someone s dog based on promised
donations that have not yet been received by the City. He noted that the name "Lacouague
Park" was part of the original deed of the land to the City. Mr. King advised that naming of
the park has never undergone formal processing until now and that "Lacouague Park" was
a generic name given to the park site as part of the initial Open Space Master Plan.
Mr. Bondi felt that the park should be named after individuals who served well in the
community and/or were historically significant.
(2) Kathy Holmes, 31851 Paseo La Branza, spoke as a Parks, Recreation, and Equestrian
Commissioner and citizen. She expressed concern that approving the name of the
park based on a person's donation constituted the "selling" of a public park. She
noted that she personally opposed the subject request when this matter was heard by
the Parks, Recreation, and Equestrian Commission on October 16, 1995. She noted
' that residents in the neighborhood have worked hard over the years to raise the
money to build the park and are anxious to get it completed. However, she
City Council Minutes -17- 11/21/95
462
emphasized that the money promised by Mr. Gottfried has not yet been received by
the City.
(3) George Gatos, 31391 Via Las Palmas, noted the efforts by residents to raise money
for the park, noting that the Bondi and the Lacouague families did not make any
donations. Although he understood the Bondis' concerns, he explained that many
residents in the area knew Mr. Gottfried and his special relationship with his Golden
Retriever, Honey. He noted that Mr. Gottfried did deposit $750 in the City's account
toward the park. He suggested that a monument be placed in the park in honor of the
Lacouague family. He urged support of the request, noting the endorsement by a
majority of the Parks, Recreation, and Equestrian Commission.
(4) The applicant, Pamela Murray, spoke regarding the difficulty in acquiring the
necessary funds to have the park developed and noted that the people who signed the
petition in support of "Honey Park" were residents who donated money for the
project. She stated that although she moved away from San Juan Capistrano, the
request should be approved as the residents need Mr. Gottfried's donations to reach
their financial goal of $30,000.
(5) Nancy Tall, 28522 Via Primavera, emphasized that the park is intended as a passive
neighborhood park, with no restroom or parking facilities. Although she understood
the Bondis' concerns with preserving their heritage, she noted that Mr. Gottfried _
loved his dog Honey very much.
(6) John Greiner, 28671 Paseo Bahia, indicated he was a member of the Planning
Commission but was speaking as a citizen whose residence is near the proposed park.
He preferred that the dog's name be attached to the park's tot lot instead of the entire
park since the subject request would be inconsistent with the City's past practices in
naming public parks and the City's focus on its historic character. He felt that the
park's name should reflect the community and historic contributions of the City.
Otherwise, a precedent would be set, with a resulting hodgepodge of park names
throughout the City.
Council Member Jones noted that the City Council previously accepted Mr. Gottfried's
$5,000 donation to name the tot lot "Honey Tot Lot," with the intention for residents to
continue to raise funds in conjunction with the City's financial participation in the project. He
concurred with Mr. Greiner's and Ms. Holmes' comments. He noted that many people who
were born and raised in the City, such as Evelyn Viegas, made many contributions and have
nothing named after them. He felt it was inappropriate to overlook people of historic
significance to the City. Although he supported the park, he felt it was important to install
restrooms and parking, particularly since the park will be funded by the taxpayers of the City.
He noted problems with parks in the City that have no restroom facilities. He urged that staff
study options to offset the $5,000 that would have been donated by Mr. Gottfried. Mayor
pro tem Hart concurred and urged that a more appropriate name for the park be considered.
He expressed appreciation for the residents' efforts in raising the funds to date.
City Council Minutes
ED
11/21/95
463
Denial of Reauest to Name Park "Honey Park":
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the request to name the proposed park at San Juan Creek Road and
Camino Lacouague "Honey Park" be denied. Staff was directed to recommend alternative
funding options for development of the park, alternative names for the park, and estimated
costs for restrooms and a parking lot when funding becomes available.
COUNULMANIC ITEMS
a. San Juan Basin Authority (1050.60)
Council Member Jones advised that the agency ratified the three-year agreement
guaranteeing 2,900 acre feet of water to the Water District. He commended the
efforts by staff in this matter.
Council Member Swerdlin noted his attendance at the subcommittee meeting of the
investment policy. The draft policy was forwarded to and adopted by the Board of
Directors of the Joint Powers Authority.
COUNCIL COMMENTS
None.
Council recessed at 10:34 p.m. to convene the San Juan Capistrano Community Housing Corporation
and reconvened at 1038 p.m. as the City Council.
Council recessed to a Closed Session at 10:38 p.m. for:
1. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Hassett v. City of San Juan Capistrano;
2. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Jose Vasquez v. City of San Juan Capistrano;
3. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
' 54956.9(b), for significant exposure to litigation in three cases, and Government Code
Section 54956.9(c), the initiation of litigation in three cases; and
City Council Minutes -19- 11/21/95
464
4. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association.
The City Clerk was excused therefrom, and the meeting reconvened at 11:00 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 11:00 p.m. to the
next regular meeting date of Tuesday, December 5, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
MAYOR .:O TEM
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
City Council Minutes -20- 11/21/95