93-1019_CC_Minutes_Regular Meeting113
OCTOBER 19, 1993
' 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 Jones at 7:06 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag.
Invocation was given by Pastor Paul Hall of the Capistrano Valley Baptist Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
Gary L. Hausdorfer, Council Member
Carolyn Nash, Council Member
Jeff Vasquez, 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; Nancy Bernardi,
Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that
' all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION - CAPTAIN DOUG STORM FOR SERVICE TO THE CITY OF SAN
JUAN CAPISTRANO (610.40)
Written Communication:
Report dated October 19, 1993, from the Council Services Manager, regarding Captain Doug Storm's
reassignment to the Regional Narcotics Suppression Program in Santa Ana.
Mayor Jones presented a City plaque to Captain Storm in appreciation for his five years of service to
the City as Captain at the Laguna Niguel Substation. Captain Storm thanked the City Council for their
support and spoke regarding the efforts of law enforcement in the City.
2. ACCEPTANCE OF DONATION (SHIG KINOSHITA) (61040)
Written Communication:
Report dated October 19, 1993, from the Council Services Manager, regarding the donation of a
portable police scanner by Shig Kinoshita to the Associated Senior Action Program (ASAP) for use in
their van.
It was a consensus of the Council that the donation of a portable police scanner be accepted. Mayor
Jones expressed appreciation to Mr. Kinoshita for his donation and noted the ASAP members in
attendance.
City Council Minutes -1- 10/19/93
114
3. ACCEPTANCE OF DONATION (WOMAN'S CLUB OF SAN JUAN CAPISTRANO)
(610.40)
Written Communication:
Report dated October 19, 1993, from the Council Services Manager, regarding the donation of $500 by
the Woman's Club of San Juan Capistrano to the City's At -Risk Youth Programs.
It was a consensus of the Council that the donation be accepted. Mayor Jones expressed appreciation
to Mrs. Lee Buser, President of the Woman's Club, who was in attendance.
URGENCY ITEMS
DESIGNATING "NO SKATEBOARDING" AREA - DOWNTOWN BUSINESS DISTRICT
AND LOS RIOS HISTORIC DISTRICT (590.10)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried to Find that this item was not available prior to publication of the Council agenda
and consideration was necessary at this time.
Written Communication:
Report dated October 19, 1993, from the Director of Engineering and Building, recommending that the
Downtown Business District and the Los Rios Historic District be designated as "No skateboarding"
areas.
Mr. Scarborough explained that the urgency of this item was in response to concerns expressed by
merchants in those areas and the Sheriff's Department recommendation that the areas around the Los
Rios Historic District and Verdugo Street be posted for no skateboarding.
Council Member Vasquez felt it was premature to prohibit skateboarding in the Los Rios Historic
District until more study was done to determine exactly which areas needed to be posted. He noted that
the Los Rios District was a large area and expressed concern with citing isolated skateboarders that use
their boards for transportation. Mr. Scarborough explained that the proposed Resolution would
authorize the City Manager/CRA Executive Director to determine the specific locations for posting of
"No skateboarding" signs when specific needs arose. To resolve Council Member Vasquez' concerns,
he suggested that the Council provide their concurrence on specific posting locations.
Adoption of Resolution Prohibiting Skateboarding in the Downtown Business District
and the Los Rios Historic District:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO 93-10-19-1. NO SKATEBOARDING AREA - DOWNTOWN
BUSINESS DISTRICT AND LOS RIOS HISTORIC DISTRICT - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA FOR THE
DOWNTOWN BUSINESS DISTRICT AND LOS RIOS HISTORIC DISTRICT
PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE
The motion carried by the following roll call vote:
City Council Minutes -2- 10/19/93
0
AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones
NOES: Council Member Vasquez
ABSENT: None
The City Manager was directed to notify the City Council of specific areas to be posted for "No
skateboarding."
CAPISTRANO UNIFIED SCHOOL DISTRICT REQUEST FOR CITY COUNCIL
POSITION RE: PROPOSITION 174, SCHOOL VOUCHER INITIATIVE (6S0.30)
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried to find that this item was not available prior to publication of the Council agenda
and consideration was necessary at this time.
Mr. Scarborough stated that the City had received a request from Marlene Draper, President of the
School Board, for the City to endorse a "no" vote on Proposition 174, the School Voucher Initiative on
the November 1993 ballot.
Council Member Nash stated she would not support the request because she felt it was not in the
Council's purview to address this item as it was primarily a school district issue.
Endorsement of "No" Vote for Proposition 174:
It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the City
Council support the Capistrano Unified School District in its opposition to Proposition 174, the School
Voucher Initiative. The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
NOES: Council Member Nash
ABSENT: None
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
None.
CONSENT CALENDAR
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by
the following vote:
AYES:
NOES:
ABSENT:
City Council Minutes
Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
None
None
52
10/19/93
115
116
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
SEPTEMBER 21,199
The Minutes of the Regular Meeting of September 21, 1993, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR
MEETING OF SEPTEMBER 21. 1993
The Minutes of the Regular Meeting of September 21, 1993, were approved as submitted.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
SEPTEMBER 30. 1993 (350.30)
The City Treasurer's Report of Investments as of September 30, 1993, in the total amount of
$16,780,655.38 was received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated October 19, 1993, from the Planning Director, advising that two new development
applications were received by the City since the last report of September 21, 1993, was received and
filed.
5. AMENDMENT TO APPENDIX A OF THE LOCAL CONFLICT OF INTEREST CODE -
DESIGNATED POSITIONS (640.40)
As set forth in the Report dated October 19, 1993, from the City Clerk, the Amendment to Appendix
A of the Local Conflict of Interest Code was approved, reflecting the reorganization of the City's
commissions and committees and amendments to the Classification Compensation Plan.
6. RESOLUTION DECLARING VACANCIES ON COMMISSIONS/COMMITTEES (110.40)
As set forth in the Report dated October 19, 1993, from the Council Services Manager, the following
Resolution was adopted declaring all positions on commissions and committees to be vacant and
directing all members be appointed on an interim basis until the effective date of new appointments or
until the Council action to dissolve the commission, board, or committee becomes effective:
RESOLUTION NO. 93-10-19-2. DECLARATION OF VACANCIES TO CITY'S
COMMISSIONS, BOARDS. AND COMMITTEES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING VACANCIES ON THE CITY'S COMMISSIONS, BOARDS, AND
COMMITTEES
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
CONSIDERATION OF PROPOSED STANDARD LEASE DOCUMENT AND RENT
SCHEDULE FOR THE THIRTEEN LITTLE HOLLYWOOD RESIDENCES (400.20)
Proposal:
Consideration of a standard lease agreement and rent schedules for the thirteen Little Hollywood
residences upon completion of each unit's rehabilitation. The new rents would be based on 25% of
gross income, with a utility allowance of 5%.
City Council Minutes -4- 10/19/93
117
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there was
no response.
Continuation of Public Hearine:
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the public hearing be continued to the meeting of November 2, 1993.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
PROPOSED DEVELOPMENTOF LINCOLN/MERCURYAUTOMOBILE DEALERSHIP
LOCATED ON THE EAST SIDE OF VALLE ROAD WITHIN THE CENTRAL
REDEVELOPMENT PROJECT AREA (FORD LEASING DEVELOPMENT COMPANY)
(ARCHITECTURAL CONTROL 88-1) (400.20/410.60)
Council Member Campbell indicated she would abstain in this matter because she had a potential conflict of
interest due to the proximity of her residence to this project.
Proposal:
Consideration of a request from Ford Leasing Development Company for the Community Redevelop-
ment Agency's assistance on all public improvements required as conditions of approval for their
' development, Architectural Control 88-1, San Juan Lincoln/Mercury. The cost to meet all the
conditions of approval totals approximately $542,920, and includes installation of a traffic signal at Valle
Road and San Juan Creek Road. The assistance would be in the form of sales tax reimbursements to
be made from sales tax generated by the site after completion of the dealership.
Written Communication:
Report dated October 19, 1993, from the Director of Administrative Services, recommending that
Agency assistance be provided for those costs which benefit the entire project area and neighboring
areas in the amount of $241,360, and forwarding an Owner Participation Agreement with Ford Leasing
Development Company to provide for the applicant's reimbursement for the installation of specified
public improvements.
Ms. Pendleton made an oral presentation and noted that the reimbursement to the applicant through
the general of sales tax would occur over a five-year period to fund these improvements.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Vasquez felt that sales tax revenue that would accrue to the City should not be given
away to support this dealership. He recommended that the applicant construct the improvements when
the value of the dealership reaches the amount needed to fund the improvements.
Adoption of Resolution Approving the Owner Participation Agreement with Ford Leasing
Development Company:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
City Council Minutes -5- 10/19/93
Written Communication:
'
Report dated October 19, 1993, from the Director of Administrative Services and the Planning Director,
recommending that the standard lease agreement and rent schedules be approved.
Mayor Jones noted that the hearing would be continued at the request of staff.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there was
no response.
Continuation of Public Hearine:
It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and
unanimously carried that the public hearing be continued to the meeting of November 2, 1993.
2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY -
PROPOSED DEVELOPMENTOF LINCOLN/MERCURYAUTOMOBILE DEALERSHIP
LOCATED ON THE EAST SIDE OF VALLE ROAD WITHIN THE CENTRAL
REDEVELOPMENT PROJECT AREA (FORD LEASING DEVELOPMENT COMPANY)
(ARCHITECTURAL CONTROL 88-1) (400.20/410.60)
Council Member Campbell indicated she would abstain in this matter because she had a potential conflict of
interest due to the proximity of her residence to this project.
Proposal:
Consideration of a request from Ford Leasing Development Company for the Community Redevelop-
ment Agency's assistance on all public improvements required as conditions of approval for their
' development, Architectural Control 88-1, San Juan Lincoln/Mercury. The cost to meet all the
conditions of approval totals approximately $542,920, and includes installation of a traffic signal at Valle
Road and San Juan Creek Road. The assistance would be in the form of sales tax reimbursements to
be made from sales tax generated by the site after completion of the dealership.
Written Communication:
Report dated October 19, 1993, from the Director of Administrative Services, recommending that
Agency assistance be provided for those costs which benefit the entire project area and neighboring
areas in the amount of $241,360, and forwarding an Owner Participation Agreement with Ford Leasing
Development Company to provide for the applicant's reimbursement for the installation of specified
public improvements.
Ms. Pendleton made an oral presentation and noted that the reimbursement to the applicant through
the general of sales tax would occur over a five-year period to fund these improvements.
Public Hearin ¢:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Vasquez felt that sales tax revenue that would accrue to the City should not be given
away to support this dealership. He recommended that the applicant construct the improvements when
the value of the dealership reaches the amount needed to fund the improvements.
Adoption of Resolution Approving the Owner Participation Agreement with Ford Leasing
Development Company:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following
Resolution be adopted:
City Council Minutes -5- 10/19/93
118
RESOLUTION NO. 93-10-19-3. DETERMINATION THAT PUBLIC
IMPROVEMENTS BENEFIT THE PROJECT AREA AND APPROVAL OF AN
OWNER PARTICIPATION AGREEMENT FOR REIMBURSEMENT OF
CERTAIN PUBLIC IMPROVEMENTS -FORD LEASING DEVELOPMENT
COMPANY (SAN JUAN LINCOLN/MERCURY) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC
IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE
CENTRAL REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING
THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID
PUBLIC IMPROVEMENTS; AND APPROVING AN OWNER PARTICIPATION
AGREEMENT FOR REIMBURSEMENT OF CERTAIN PUBLIC
IMPROVEMENTS, FORD LEASING DEVELOPMENT COMPANY (SAN JUAN
LINCOLN/MERCURY)
The motion carried by the following vote:
AYES:
Council Members Hausdorfer, Nash, and Mayor Jones
NOES:
Council Member Vasquez
ABSTAIN:
Council Member Campbell
ABSENT:
None
RECESS AND RECONVENE
Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 7:36 p.m.
ADMTMSTRATIVE ITEMS
CITY MANAGER
1. AMENDMENT TO CLASSIFICATION/COMPENSATION PLAN ADDING ONE
POSITION - PUBLICATIONS SPECIALIST (700.20)
Written Communication:
Report dated October 19,1993, from Julia Kimminau, Management Assistant, recommending that a new
position, Publications Specialist, be added to replace the Graphic Illustrator position to reflect the
additional duties of writing and tent editing. The proposed salary range is $2,815 to $3,520 per month,
a 4.5% increase from the current position.
Council Member Vasquez commended the work of Greg Murray, the City's Graphic Illustrator.
Resolution Creating New Position, Publications Specialist:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
following Resolution be adopted:
City Council Minutes -6- 10/19/93
119
RESOLUTION NO. 93-10-19-4. AMENDING RESOLUTION NO. 91-9-17-7. THE
' CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN
(PUBLICATIONS SPECIALIST) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 91-9-17-7, TH E CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN, CREATING ONE POSITION - PUBLICATIONS
SPECIALIST
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. REQUEST FOR PLACEMENT OF "NO SOLICITING" SIGNS - ALIPAZ PLAZA, 31952
DEL OBISPO STREET (585.10)
Written Communication:
Report dated October 19, 1993, from Jennifer Murray, Assistant to the City Manager, forwarding a
resolution to allow posting of bilingual "No Soliciting" signs at all three entrances to Alipaz Plaza,
pursuant to the request by Yolanda Zanchi, the owner of Alipaz Plaza.
Adoption of Resolution Authorizing "No Soliciting, Signs at Alipaz Plaza:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the
' following Resolution be adopted:
RESOLUTION NO. 93-10-19-5. ESTABLISHING "NO SOLICITING" - ALIPAZ
PLAZA -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO SOLICITING" AT
ALIPAZ PLAZA PURSUANT TO CHAPTER 24, TITLE 5 OF THE MUNICIPAL
CODE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DFRECFOR OF PLANNING SERVICES
1. APPEAL OF PLANNING COMMISSION DECISION OF AUGUST 24. 1993. REQUIRING
INSTALLATION OF SIDEWALK ON SOUTH SIDE OF VIA ESCOLAR,
ARCHITECTURAL CONTROL 85-7 MODIFICATION (COAST BIBLE
CHURCH/STONEYBROOKE CHRISTIAN SCHOOL) (TO BE CONTINUED TO
NOVEMBER 2. 1993) (410.60)
Written Communication:
Report dated October 19, 1993, from the Planning Director, recommending that the appeal of the
Planning Commission's action of August 24, 1993, be continued to the meeting of November 2, 1993.
The appeal specifically challenged a condition imposed on the approval of Architectural Control 85-7
City Council Minutes -7- 10/19/93
120
Modification which required the applicant to construct a sidewalk along the north side of the property
fronting Via Escolar. The applicant appealed this condition because of cost, gaps between portions of
the sidewalk, and the usefulness of the sidewalk. Staff recommended that the appeal be continued to
allow staff to work with the applicant on resolving the sidewalk issue.
Continuation of Item:
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and
unanimously carried that this item be continued to the meeting of November 2, 1993.
2. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT FOR MORTGAGE
CREDIT CERTIFICATE (MCC) PROGRAM. AFFORDABLE HOUSING FOR FIRST-
TIME BUYERS (COUNTY OF ORANGE) (600.50)
Written Communication:
Report dated October 19, 1993, from the Planning Director, recommending that the City enter into a
Cooperative Agreement with the County to participate in a Mortgage Credit Certificate Program which
would provide assistance for first-time home buyers, at no cost to the City. The program would provide
a federal tax credit, which would increase a Mortgage Credit Certificate holder's spendable income and
ability to afford a mortgage payment for single-family detached homes, condominiums, or townhomes.
The City would also have the option, under this Agreement, to provide down payment assistance to
residents and/or buyers purchasing a home in San Juan Capistrano. Participation in this program would
assist the City in meeting the requirements of the Housing Element and the use of the 20% set-aside
funds for the benefit of low- and moderate -income residents and could be integrated into the City's
Neighborhood Preservation Program.
Adoption of Resolution Approving the Cooperative Agreement with the County for
Participation in a Mortgage Credit Certificate Program:
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO. 93-10-19-6. APPROVAL OF COOPERATIVE AGREEMENT
FOR MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST TIME
HOMEBUYERS (COUNTY OF ORANGE) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A COOPERATIVE AGREEMENT WITH THE COUNTY OF
ORANGE FOR A MORTGAGE CREDIT CERTIFICATE PROGRAM TO ASSIST
FIRST-TIME HOMEBUYERS
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
3. FORMATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
HOME PARTICIPATION PROGRAM - FISCAL YEAR 1994-95 APPLICATION
COMMITTEE (480.20)
Written Communication:
Report dated October 19, 1993, from the Planning Director, recommending that a Community
Development Block Grant Committee be formed to evaluate and recommend projects for the
Community Development Block Grant application for fiscal year 1994-95. The Committee is to be made
City Council Minutes -8. 10/19/93
121
up of one member from the Los Rios Review Committee, one member from the Mobile Home Park
Review Committee, one member from the Planning Commission, and two members from the community
at -large.
Appointment of Committee Members:
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that the following persons be appointed to the Community Development Block Grant Committee
for fiscal year 1994-95:
(1) Diane Bathgate (Planning Commission)
(2) Bill Hardy (Los Rios Review Committee)
(3) Thomas Erin (Mobile Home Park Review Committee)
(4) Pamela Gibson (community at -large)
(5) Second community -at -large position to be considered on November 2, 1993, if
necessary.
WRECI'OR OF ENGINEERING AND BUILDING SERVICES
1. REVIEW OFSANJOAOUINHILLS TRANSPORTATION CORRIDOR DRAFT RANCHO
VIEJO ROAD CONCEPT PLAN, AUGUST 1993 (820.20)
Written Communications:
(1) Report dated October 19, 1993, from the Director of Engineering and Building, forwarding a
resolution approving the Draft Rancho Viejo Road Concept Plan subject to conditions
regarding grading, noise attenuation, Alternate "A" alignment for the proposed equestrian
feeder trail, landscaping, and retaining walls.
(2) Alternate recommendation by staff supporting the Alternative 3 alignment for the Corridor,
which would relocate the northbound connector north of Avery Parkway and avoid the
realignment of Rancho Viejo Road. The alternate recommendation included an additional
condition to the resolution requiring reimbursement to the City for all costs of processing the
various documents required.
Presentation by Transoortation Corridor Agency:
Gene Foster, Project Manager for the San Joaquin Hills Transportation Corridor Agency, summarized
the Corridor's proposed connection to Interstate 5 within San Juan Capistrano. He explained that the
Concept Plan was submitted pursuant to Visual Resources Mitigation Measure 15-26 to mitigate the
potential impacts with the realignment of Rancho Viejo Road. He spoke regarding Rancho Viejo
Road's proposed four -lane configuration based on traffic counts taken this year, proposed 1:1 geogrid
slope at Spotted Bull, construction phasing, and noise mitigation measures.
Greg Henk, Executive Vice President for Design for the Transportation Corridor Agency, made the
following comments regarding the conditions proposed by staff in the Draft Resolution supporting the
proposed Concept Plan:
Condition #2: The Transportation Corridor Agency has not yet had an opportunity to review
the addresses to determine if they meet the criteria for noise attenuation building
modifications proposed by staff.
Condition #3: The acquisition of an casement for the equestrian trail goes beyond the scope
of this project and has not been included in any of the Transportation Corridor
Agency's plans to date.
City Council Minutes -9- 10/19/93
122
Condition #4: The Transportation Corridor Agency will work closely with the City on the
landscaping requirement.
Condition #5: The Transportation Corridor Agency will work with Caltrans regarding design,
texture and color of retaining walls along 1-5 as this area is under the control of
Caltrans and not the Transportation Corridor Agency.
Condition #6: The landscaping of the confluence median needs to be assessed as it is
presently unknown whether the median will be available for landscaping and the
Agency cannot assure compliance with this item.
Condition #7: The Transportation Corridor Agency or Caltrans cannot commit to entering
into an agreement with the City to transfer landscape maintenance authority to the
City and to fund this maintenance since the Transportation Corridor Agency is
prohibited under State law from funding maintenance projects. The Transportation
Corridor Agency will work with the City and Caltrans on this matter.
Condition #10 (new): The Transportation Corridor Agency agrees to reimburse the City for
any permit fees associated with the Rancho Viejo Road realignment.
Exhibit A, Planning Commission Condition #3: The Transportation Corridor Agency feels that
extensive study has been done on the issue of sound attenuation and the studies to date
have been adequate, but the Agency will work with the City if there is a need for new
data.
Mr. Scarborough noted that staff agreed with the Agency with regard to Condition #10 that only the
costs incurred from the date of approval of a Concept Plan should be reimbursed to the City by the
Transportation Corridor Agency, and no prior costs to date. Mr. Henk advised that the Agency would
reimburse the City for costs the City felt appropriate in processing permit fees and they would cover
administrative costs.
Staff Comments:
Mr. Huber reviewed the proposed conditions in the Draft Resolution and made the following comments
regarding issues still outstanding and of concern to City staff:
Condition #1: Noted the staff recommendation to grade the Spotted Bull Lane hillside to a
maximum of 1:1 slope, stabilized with geogrid. Staff felt this recommendation best
addressed the aesthetic issues of the City, and provided a more natural slope. He
noted the difference from the Planning Commission recommendation to review
alternatives to the 1:1 geogrid. He advised that a number of wall systems had been
considered which would take less right-of-way, however, those systems could not be
planted adequately, maintained as well or look as attractive.
Condition #2: Regarding noise attenuation measures, staff felt that although sound walls
cannot effectively mitigate noise impacts to other residential units in the Spotted Bull
area, other measures could be taken, such as double -pane windows and insulation to
mitigate noise from the interior of residences. He noted that these residences already
experience excessive noise levels from the freeway. City staff supports the Planning
Commission recommendation to extend the sound attenuation wall southward at
Spotted Bull.
Condition #3: City staff felt is was the Transportation Corridor Agency's responsibility to
complete construction of the equestrian feeder trail to the Spotted Bull area, as it
would be inappropriate to construct a partial trail.
City Council Minutes -10- 10/19/93
123
Condition #4: Staff would like to see a plan showing conceptual landscape layouts; staff also
' felt that much of the Transportation Corridor Agency's proposed native hydroseeding
would be inadequate and that the landscaping should include more trees and shrubs,
similar to the Marbella development.
Condition #5: Staff felt landscaping of the retaining walls was a significant issue. Mr. Huber
felt it was an acceptable amendment proposed by the Transportation Corridor Agency
to the condition to work with Caltrans on this issue, since the Transportation Corridor
Agency does not have this responsibility. He noted staff wanted every opportunity to
encourage Caltrans to provide intense landscaping to mitigate the visual impacts of the
walls.
Condition #6: Staff felt landscaping of the confluence median was also significant and would
work with the Agency and Caltrans, realizing that median landscaping was Caltrans'
responsibility.
Condition #7: Staff felt an agreement with TCA and Caltrans was necessary regarding
maintenance issues and other issues related to the Corridor and the freeway. He felt
that Transportation Corridor Agency Staff could work with the City to help negotiate
an agreement with Caltrans allowing the City to provide maintenance services with
reimbursement from Caltrans.
Condition #S: This condition added language referencing the City's processing procedures.
Condition #9: This condition refers to the inclusion of conditions imposed by the various
commissions.
' Mr. Huber explained that Alternative 3 for the northbound Corridor connector has not been thoroughly
reviewed by City or Transportation Corridor Agency staff at this time and read aloud the alternate
recommendation by staff in support of Alternative 3.
Public Comments:
(1) Bob King, 29422 Spotted Bull Way, president of Save Our San Juan (SOS), stated that he spoke
on behalf of SOS and selected residents of the Spotted Bull area, Village San Juan, Capistrano
Royale, Country Hills, and Mission Hills. He submitted a package to the Council containing:
(a) Letter dated October 19, 1993, to the City Council from SOS, stating their position that
the City Council should reject the Rancho Viejo Road Concept Plan; that if Council
does accept the plan, certain conditions should be required; and, supporting the
Alternative 3 alignment for the northbound connector of the Corridor. The letter
further requested that any action by the Council be postponed until a thorough study
has been completed on Alternate 3. Reasons listed for opposing the proposed Concept
Plan included lack of adequate public participation and notification, negative impacts
on San Juan Capistrano, potential circulation problems on Rancho Viejo Road, the
need to keep pedestrian walkway open during construction, proposed trail alignment,
joint use of the trail and a request that Council Member Hausdorfer abstain because
of a conflict of interest.
(b) Letter dated August 21, 1993, from SOS to the Transportation Corridor Agency,
requesting the Transportation Corridor Agency's consideration of Alternative 3.
' (c) Letter dated June 26, 1993, from SOS to the Mayor, requesting that the City Council
adopt Alternative 3 and aggressively work with the Transportation Corridor Agency
(TCA) to gain its acceptance of the proposal.
City Council Minutes -11- 10/19/93
124
(d) Appeal dated September 29, 1993, from SOS of the Traffic and Transportation
Commission's action on September 8, 1993, regarding the Draft Rancho Viejo Road
Concept Plan.
(e) Letter dated February 26, 1991, from SOS to Steve Letterly, Manager of Environ-
mental Impact for the Transportation Corridor Agencies, and John Cox, Chairman of
the San Joaquin Hills Transportation Corridor Agency, setting forth their opposition
to the certification of the Corridor's EIR.
Mr. King read his letter dated October 19, 1993, referenced above. He urged that the City, and
not the Transportation Corridor Agency, determine whether Alternative 3 was feasible. He
expressed concern that this issue remain in the public view and with the City Council at all
times. He felt that the City was being "stonewalled" by the Transportation Corridor Agency in
this matter and noted the efforts of other cities in protecting its citizens. He noted that the
Transportation Corridor Agency has not completed its study of Alternative 3 despite receiving
the proposal in July 1993. If the proposed Concept Plan is approved, he stated there was no
other recourse for residents other than a legal challenge. He spoke regarding the uniqueness
of the City in controlling its growth and protecting its character.
(2) Mike Redding, 27592 Pasco Castillo, stated that he and many other residents have been
opposed to the toll road since its inception. He felt that the northbound connector should be
moved into Mission Viejo and requested that residents be notified of any actions in this matter.
He concurred with the comments made by Mr. King.
(3) D. J. Daniel, Jr., 29570 Spotted Bull Lane, spoke regarding the potential grading impacts to his
backyard from the proposed Concept Plan. He noted that one earlier proposal would have
taken only 20 feet of his property, while the proposed plan with a 1:1 slope would take
approximately 53 feet. He stated that his attorney advised that the taking of private property
should occur with the least private injury, but that the proposed plan maximizes the injury to
his property. He recommended that Condition #1 be modified to require additional study of
retaining alternatives to minimize the taking of his property. He noted that the proposed taking
of his property would reduce his property down to 3/4 acres, which would violate City standards
for equestrian properties.
(4) Nancy King, 29422 Spotted Bull Way, spoke regarding the unique character of San Juan
Capistrano and its tradition of working with residents. She felt this project was as important
to the City as its open space and the Historic Town Center project. She urged the Council's
opposition to the proposed Concept Plan.
(5) Bob Sweeney, 26442 Woodcrest Lane, concurred with the comments made by Mr. King and
spoke in support of Alternative 3. He urged that the Council take a strong position in moving
the northbound connector north into Mission Viejo. He noted that property values would be
negatively impacted by this project.
(6) Abbie Gail Weiser, 31201 Paseo Acacia, representing San Juan Beautiful, Inc., indicated their
support of Alternative 3.
(7) Sandy Rodrigues, 27021 Mission Hills Drive, urged that the Transportation Corridor Agency
give full consideration to Alternative 3, particularly because of the equestrian nature of the
affected areas.
(8) Samuel Nuckols, 26382 Laurelwood Lane, concurred with the comments made by Mr. King and
urged that the uniqueness of San Juan Capistrano be protected.
City Council Minutes -12- 10/19/93
125
(9) Ed Kendzierski, 29151 Country Hills Road, concurred with the comments made by Mr. King.
He felt that the residents of Country Hills Road who face the freeway should be compensated,
either monetarily or with double -pane windows, to offset the negative impacts from this project.
He voiced his support for Alternative 3.
(10) Steve Dafnis, 29542 Spotted Bull Lane, noted that approximately 10,000 square feet of his
property would be taken by the proposed Concept Plan and 1:1 slope grading. He felt the
Transportation Corridor Agency should take additional sound studies on this property and
possible construct a wall on the bottom portion of his property up toward Spotted Bull Lane.
(11) Stan Kensic, 31212 Belford Drive, representing Friends of Historic San Juan, cited opposition
to the proposed Concept Plan, stating it would destroy the historic character of the City.
(12) Joe Soto, 29311 Spotted Bull Way, felt there was much confusion among residents as to what
the proposed Concept Plan would actually look like when completed and expressed concern that
the computer renderings on display were misleading and not accurate. He recommended that
the City Council reject the proposed plan until all concerns have been addressed and/or
clarified.
Mayor Jones noted written comments and questions submitted by Marilyn Buerkens, 26512 Bay Tree
Road, who declined to speak, and directed staff to respond to her comments. In addition, the following
persons had requested to speak on this item but declined to speak when called upon by Mayor Jones:
Larisa Safford, Larry Nees, Meryl Sweeney, Berry Fiess, Melissa Kay Young, Kathleen Young, and Joel
Atkins.
Council Comments/Motion to Su000rt Alternative 3 (Withdrawn):
' In response to Mr. King's assertions in his letter of October 19, 1993, Council Member Hausdorfer
stated that the Transportation Corridor Agency and the Orange County Transportation Authority were
not involved in a merger. In addition, he stated he had no perceived or real conflict of interest in this
matter, upon the advice of attorneys, and that he intended to fully participate. He stated his view that
this was a concept plan only, not a specific plan, and he supported taking action at this time to push the
issues ahead to get answers, noting that a specific plan must come back to the Council in the future.
He stated he did not personally like sound walls but that the Council had received many letters from
residents who supported installation of sound walls and that Council did not have a clear direction from
residents regarding the sound wall issue.
It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the City
Council support Alternative 3 alignment which would relocate northbound connector north of Avery
Parkway and avoid realignment of Rancho Viejo Road. If, after thorough evaluation, Alternative 3 is
determined to be infeasible and Rancho Viejo Road can be realigned by the Transportation Corridor
Agency, then the City Council requests the Rancho Viejo Road Realignment Concept plan be returned
to the City Council with staff recommended alternative and conditions. Further, the Transportation
Corridor Agency shall reimburse the City for all costs for processing of the various documents required
by the Concept Plan, including administrative costs and include direction that staff shall work with
property owners to minimize the taking of property.
Council Member Campbell stated that the City should have had the results of an Alternative 3 study
by this time; that the City would get the necessary answers. Council Member Nash sympathized with
the concerns expressed by residents and noted that the City has been attempting to obtain the best
alternative for the Rancho Viejo realignment since July 1993. She stated she definitely supported
Alternative 3 and any method of moving that road forward. She noted the various possibilities that had
' been studied for the road, including leaving it a two-lane road. She stated that a two-lane road made
no significant difference on the amount of property that would be taken from the Spotted Bull area.
She further advised that through traffic studies she had become convinced that a four -lane road was
City Council Minutes -13- 10/19/93
126
necessary there. She recommended that this item be continued until many of the issues raised have
been clarified to ensure that the right decision is made and that Alternative 3 is thoroughly analyzed by
City and Transportation Corridor Agency staff. She felt that the City should be the determining body
to decide what is feasible.
Council Member Vasquez stated that he has always opposed the toll road and supported the concept
of moving the connector northward. He supported the City obtaining a contract from the
Transportation Corridor Agency agreeing to the conditions recommended by the City for any alternative.
He discussed figures received regarding projected and real revenue received to repay the bond
indebtedness, stating it appeared there were financial problems. He felt that economics would decide
how the toll road is funded or whether it would even be constructed. He suggested that noise mitigation
measures be thoroughly studied. He felt that acceptance of the proposed Concept Plan at this time
could jeopardize the City's legal position and its ability to have any influence in the matter in the future
if Alternative 3 were found to be infeasible. He concurred with Council Member Nash's
recommendations.
Mayor Jones agreed that Alternative 3 should be studied and analyzed thoroughly to determine its
feasibility, all necessary mitigation measures, and its visual impacts. He suggested that the motion be
modified to continue this item to allow thorough review and input. He felt that the proposed Concept
Plan was the best of the alternatives at this time until a conclusion is reached on Alternative 3.
After discussion among the Council Members regarding the wording of Council Member Hausdorfer's
motion, with the concurrence of the second, Council Members Hausdorfer withdrew his motion.
Continuation of Item:
It was moved by Mayor Jones, seconded by Council Member Nash, and unanimously carried that this
item be continued until the Transportation Corridor Agency provides the City with an analysis of
Alternative 3; and if Alternative 3 is found to be infeasible, the Rancho Viejo Road Concept Plan should
be resubmitted to the City Council for review.
Council Member Nash urged residents to contact Council Members regarding their preference for sound
walls or other noise mitigation measures.
RECESS AND RECONVENE
Council recessed at 9:50 p.m. and reconvened at 9:57 p.m.
2. REQUEST FOR AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS - SPORTS
PARK PLANS AND SPECIFICATIONS. ARCHITECTURAL CONTROL 93-5 (600.30)
Written Communication:
Report dated October 19, 1993, from the Director of Engineering and Building, recommending that
authorization be given to advertise for and receive bids for Phase I of the Kinoshita Farm Sports Park
improvements, including utilities and infrastructure serving the Community Center and overall park, as
well as Agricultural Preservation items.
Authorization to Advertise and Receive Bids for Phase I of Sports Park:
It was moved by Council Member Campbell, seconded by Council Member Vasquez, and unanimously
carried that staff be authorized to:
(1) Advertise for and receive bids for Phase 1 of the Kinoshita Farm Sports Park, inclusive of
additive alternates;
City Council Minutes -14- 10/19/93
11
n
(2)
(3)
ORDINANCES
Utilize a portion of the funds allocated for site preparation and utilities for the Community
Center at this time; and
Construct Agricultural Preservation items funded by Agricultural Preservations fees with Phase
I construction.
1. APPROVING REZONE 90-7 TO ALLOW AUTOMOBILE DEALERSHIP AS A
PERMITTED USE (KEMPER/TOYOTA) (460.20) (ADOPTION)
Written Communication:
Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of October 5, 1993, and was scheduled for adoption.
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 Hausdorfer, seconded by Council
Member Vasquez, that the following Ordinance be adopted:
ORDINANCE NO. 737, APPROVING REZONE 90-7 AND CERTIFYING
MITIGATED NEGATIVE DECLARATION - AMENDING SAN JUAN
GATEWAY SPECIFIC DEVELOPMENT PLAN TO ALLOW AUTOMOBILE
DEALERSHIP (KEMPER/TOYOTA) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION AND AMENDING SPECIFIC DEVELOPMENT
PLAN 90-3 FOR SAN JUAN GATEWAY TO ALLOW AUTOMOBILE
DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA)
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones
NOES: Council Member Nash
ABSENT: None
2. AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25
RELATING TO ABANDONMENT OF SHOPPING CARTS (585.10) (ADOPTION)
Written Communication:
Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of October 5, 1993, and was scheduled for adoption.
Mayor Jones noted that staff had requested a continuance of this item to meet with representatives of
the California Grocers Association to discuss this matter further.
Council Member Vasquez felt that a brief wording of the new regulations should be imprinted, in both
English and Spanish, on every shopping cart to inform residents that might not be aware of their illegal
actions in taking a cart home. Mr. Denhalter noted that State law limits what the City can mandate on
carts, in that only the owner's identification is required, and that costs for the owners of the carts should
be taken into consideration.
City Council Minutes -15- 10/19/93
127
12�
Continuation of Item: _
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously
carried that this item be continued to the meeting of November 2, 1993, for staff to meet with
representatives of the California Grocers Association on October 21, with the discussion to include
consideration of imprinting a bilingual explanation of the new law on each cart. The City Attorney was
directed to provide a report on alternatives to the bilingual explanation.
3. AMENDING TITLE 2 OF THE MUNICIPAL CODE - APPOINTMENTS. DUTIES. AND
RESPONSIBILITIES OF COMMISSIONS AND BOARDS (110.10) (ADOPTION)
Written Communication:
Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of October 5, 1993, and was scheduled for adoption.
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 Nash, seconded by Council
Member Hausdorfer, that the following Ordinance be adopted, as amended to delete technical
requirements which will be compiled into a Council Policy:
ORDINANCE NO. 738, AMENDING TITLE 2 OF THE MUNICIPAL CODE -
APPOINTMENTS. DUTIES.AND RESPONSIBILITIES OFCOMMISSIONS AND
BOARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 2
(COMMISSIONS AND BOARDS) OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE - APPOINTMENTS, TERMS OF OFFICE, COMMISSION
AND BOARD DUTIES AND RESPONSIBILITIES
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
4. AMENDING TITLE 9 OF THE MUNICIPAL CODE - DUTIES OF CERTAIN CITY -
APPOINTED COMMISSIONS (420.30) (ADOPTION)
Written Communication:
Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the
meeting of October 5, 1993, and was scheduled for adoption.
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 Nash, seconded by Council
Member Campbell, that the following Ordinance be adopted:
City Council Minutes -16- 10/19/93
129
ORDINANCE NO. 739. AMENDING TITLE 9 OF THE MUNICIPAL CODE -
DUTIES OF CERTAIN CITY -APPOINTED COMMISSIONS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
TITLE 9 (LAND USE), CHAPTER 2 (ADMINISTRATION) OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO DUTIES OF APPOINTED
COMMISSIONS/COMMITTEES IN ADMINISTRATION OF THE PROVISIONS
OF THIS TITLE
The motion carried by the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Council Member Hausdorfer noted that the last meeting for the year was scheduled for
November 4, 1993.
1. LAW ENFORCEMENT COMMUNICATION (580.10)
Council Member Campbell requested that the issue of improving dispatching services for San Juan
Capistrano continue to move forward.
CLOSED SESSION
Council recessed to a Closed Session at 10:07 p.m. for discussion of labor negotiations per Government Code
Section 54957.6 and personnel matters per Government Code Section 54957, the City Clerk being excused
therefrom, and reconvened at 10:30 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:30 p.m. to the next regular
meeting date of Tuesday, November 2, 1993, at 7:00 p.m. in the City Council Chamber.
ATTEST:
GIL
Respectfully submitted,
CHERYL JO$4NSGLK, CITY CLERK
City Council Minutes -17- 10/19/93