91-0820_CC_Minutes_Regular Meeting307 -
AUGUST
0'7 -
AUGUST 20, 1991
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 Friess at 7:05
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Mayor Friess.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Thomas P. Clark,
Jr., City Attorney; George Scarborough, Assistant City Manager;
Dawn Schanderl, Deputy City Clerk; David Bentz, Director of
Administrative Services; William M. Huber, Director of Engineering
and Building; Thomas Tomlinson, Director of Planning; Al King,
Jr., Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of August 6. 1991:
It was moved by Councilman Jones, seconded by Councilman Vasquez,
that the Minutes of the Regular Meeting of August 6, 1991, be
approved, with the following modifications:
Page 2, first paragraph under Oral Communications, third
and fourth lines, the words "regardless of whether there
are any agenda items scheduled" should be deleted.
The motion carried by the following vote:
AYES: Councilmen Jones, Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Jones,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
1. RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communication:
Report dated August 20, 1991, from the Senior Management
Assistant, advising that the following employees were being
honored for 10 years of service to the City: Jeanne Beck,
Administrative Assistant; Stephen Julian, City Manager;
Maricella Moreno, Recreation Coordinator; and Elaine Tracy,
Recreation Leader.
The employees were present to receive the plaques from Mayor
Friess.
PRESENTATION - TERRY LOWE MEMBER OF THE PARKS AND RECREATION
COMMISSION (610.40)
Written Communications:
Report dated August 20, 1991, from the Council Services
Manager, advising that Terry Lowe had been a member of the
Parks and Recreation Commission for over five years.
Mr. Lowe was present to receive a plaque recognizing his
service to the community.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. RANCHO DAYS (150.60)
David Swerdlin, 26172 Via de Toledo, representing the
Downtown Merchants Association, encouraged public attendance
at the Rancho Days celebration on August 24-25 and donations
for Councilman Jones' bailout at the Muscular Dystrophy fund-
raising on August 22.
LOS RIOS REVIEW COMMITTEE (400.20)
Bill Hardy, 26523 Calle Lorenzo, expressed appreciation for
the media coverage of the request by the Los Rios Review
Committee for donations of materials that are representative
of the historic Los Rios District.
DIVIDEND DEVELOPMENT (TRACT 12633) (420.40)
Ron Machada, 28791 Calle Posada, requested that development
bonds for Dividend Development not be released until resi-
dents' concerns have been resolved. Mayor Friess requested
that staff continue to work with Mr. Machada to resolve the
related issues.
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CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
1. CITY TREASURER'S REPORT OF INVESTMENTS (350.301
The City Treasurer's Report of Investments as of July 31,
1991, in the total amount of $18,675,000 was received and
filed.
2. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
The Report dated August 20, 1991, from the Director of
Planning, regarding actions taken at the meeting of August 7,
1991, was ordered received and filed.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated August 20, 1991, from the Senior Management
Assistant, regarding actions taken at the meeting of
August 13, 1991, was ordered received and filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated August 20, 1991, from the Director of
Planning, regarding actions taken at the meeting of
August 13, 1991, was ordered received and filed.
5. RESOLUTION ADOPTING GENERAL OBLIGATION BOND TAX RATE, FISCAL
YEAR 1991-92 (390.80)
As set forth in the Report dated August 20, 1991, from the
Director of Administrative Services, the following Resolution
was adopted setting the tax rate of $0.0683 per $100 of
assessed valuation for the sale of Open Space General
Obligation Bonds for 1991-92:
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RESOLUTION NO 91-8-20-1, ADOPTING GENERAL
OBLIGATION BOND TAX RATE - FISCAL YEAR 1991-92 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING AMOUNT
OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN
THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL
YEAR 1991-92 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO
6. RENEWAL OF LEASE AGREEMENT (HEAD START PROGRAM) (600.20)
As set forth in the Report dated August 20, 1991, from the
Director of Administrative Services, the Agreement for the
Lease of Property between the City and Orange County Head
Start for Community Education Services was approved,
extending the current agreement for a period of two years to
August 15, 1993. The Mayor was authorized to execute the
Agreement on behalf of the City.
RESOLUTION NOTICE OF COMPLETION ACCEPTANCE OF IMPROVEMENTS. AND
RELEASE OF PUBLIC AND PRIVATE SEWER AND STORM DRAIN SURETIES FOR
TRACT 12954 (MARBELLA) (600.301
As set forth in the Report dated August 20, 1991, from the
Director of Engineering and Building, it was moved by
Councilman Buchheim, seconded by Councilman Jones and carried
with Councilman Hausdorfer absent and Mayor Friess abstaining
that the following Resolution be adopted declaring
improvements for private and public storm drains and sewers
to be complete:
RESOLUTION NO 91-8-20-2. COMPLETION OF PUBLIC AND
PRIVATE IMPROVEMENTS AND RELEASE OF SURETIES, TRACT
12954 (MARBELLA DEVELOPMENT CO.) - 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
CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS
TRACT 12954 (MARBELLA DEVELOPMENT CO.)
The Resolution accepted the work as complete and authorized
the City Clerk to forward a Notice of Completion to the
County Recorder. Staff was authorized to release the
following sureties thirty-five (35) days after recording the
Notice of Completion:
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Original Present
Bond No.
Description/(Phase
#)
Amount
Amount
NA
100649
Private
Storm
Drain (I)
$397,353
$ 5,000
NA
100653
Private
Storm
Drain (II)
79,504
2,500
NA
100657
Private
Storm
Drain (III)
193,143
2,500
NA
100654
Public
Storm
Drain
183,085
1,000
NA
100655
Public
Sewer
(II-Perfor.)
119,730
10,000
NA
100655
Public
Sewer
(II-Lab&Mat)
119,730
10,000
NA
100658
Public
Sewer
(III-Perfor.)
179,875
10,000
NA
100658
Public
Sewer
(III-L&Mat)
179,875
10,000
NA
100651
Public
Sewer
(I-Perfor.)
160,395
10,000
NA
100651
Public
Sewer
(I-Lab&Mat)
160,395
10,000
NA
100650
Public
Storm
Drain
81,915
1,915
PUBLIC HEARINGS
1. CONSIDERATION OF GENERAL PLAN AMENDMENT 90-07 - AIR QUALITY
ELEMENT (CONTINUED FROM JULY 16. 1991) (440.25)
Proposal:
Consideration of the draft Air Quality Element to the City's
General Plan, as required for local jurisdictions by the
South Coast Air Quality Management District (AQMD) in their
Air Quality Management Plan (AQMP) adopted in 1989.
Written Communication:
Report dated August 20, 1991, from the Director of Planning,
requesting that the hearing be continued in order for staff
to continue to study options for complying with AQMP policies
and regulatory guidelines.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response, it
was moved by Councilman Vasquez, seconded by Councilman
Buchheim, and unanimously carried that the hearing be
continued to the regular meeting of September 17, 1991.
PROPOSED AMENDMENT TO CITY GENERAL PLAN DESIGNATION AND
_ZONING OF A 256 -ACRE PARCEL TO ALLOW DEVELOPMENT OF 350
HOMES, TWO RESEARCH AND DEVELOPMENT SITES. AND A 4.5 -ACRE
PARK AT PROPERTY LOCATED ADJACENT TO THE EAST SIDE OF I-5 AND
Proposal:
Consideration of a request for approval of a mixed-use
planned community consisting of 350 dwelling units, two parks
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and two research and development sites located on 256 acres
located adjacent to the east side of Interstate 5 between
Camino Las Ramblas and La Novia. The project would require
a General Plan Amendment and rezone of the Forster Canyon
Comprehensive Development Plan.
Applicant:
TMC Communities
31726 Rancho Viejo Road, Suite 217
San Juan Capistrano, CA 92675
Written Communication:
Report dated August 20, 1991, from the Director of Planning,
relating the project's issues involving circulation, parks,
grading, development standards, view impacts, schools,
affordable housing, growth management, project phasing, and
off-site traffic mitigation. The Report recommended that all
components of the project be approved, with the exception of
deleting Avenida Calita from the Circulation Element of the
General Plan.
Staff Presentation:
Mr. Tomlinson noted last-minute changes to Pages 19 and 20
of Attachment A (CEQA Statement of Findings and Facts) to the
proposed Resolution certifying the project's EIR, receipt of
correspondence from residents subsequent to the July 23
Planning Commission public hearing, and receipt of a letter
dated August 20, 1991, from the applicant.
Thomas Merrell, Consulting Project Coordinator, presented the
staff report and summarized the issues involved with the
project.
Mr. Merrell explained that the original EIR did not take into
consideration the area's topography and had indicated that
traffic would increase on Via de Agua if Avenida Calita were
opened up. He advised that City staff requested that the
matter be restudied and a subsequent addendum to the EIR was
submitted in a letter dated May 7, 1991, from DKS Associates,
stating that the figures given in the original EIR illustra-
ted a "worst-case" scenario and concluding that a significant
increase in traffic on Via de Agua would be unlikely.
Regarding RV storage, Mr. Merrell stated that the applicant
would prefer to prohibit recreational vehicles throughout the
project, requiring the project's residents to park their
recreational vehicles elsewhere. However, staff recommended
that the applicant provide an RV storage lot.
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Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and the following persons respon-
ded:
' Applicant's Remarks:
Mike Schlesinger, Project Director for TMC, reviewed the
planning process for the project. He stated that TMC
wished to prohibit RV parking on streets and private
property in its project and that Avenida Calita not be
extended because of the neighboring residents' opposi-
tion to the extension.
Public Comments - Adequacy of EIR:
(1) David Chaffey, 33511 Avenida Calita, felt that the EIR
was flawed because of the difference in statistics
between the original EIR and the May 7, 1991, letter
with regard to traffic impacts on Via de Agua. He
suggested that an independent firm reexamine the
potential traffic impacts.
(2) Bob Ross, 33681 Avenida Calita, felt that staff reques-
ted reconsideration of traffic impact statistics in the
EIR only after residents voiced their opposition to the
extension of Calita.
(3) Russ Tyler, 33722 Avenida Calita, concurred with Messrs.
Chaffey's and Ross' statements and requested that the
original EIR, excluding the May 7 letter, be certified.
(4) Carol Frazier, 27021 Calle Esperanza, business represen-
tative for the Meredith Canyon Homeowners Association,
expressed concern that residents felt the homeowners
association had misrepresented the EIR to its residents
because of the May 7 letter.
(5) Joan Scarantino, 27441 Ortega Highway, inquired about
the loss of wetland at the project's R&D site. She was
informed that the Giant Reed eradication program was an
acceptable mitigation measure in that it restored the
quality of a wetland habitat. The area planned for reed
eradication is adjacent to San Juan Creek. Mr. King
noted that the form of restoration would substitute for
a planned City Capital Improvement Project to conduct
an analysis on methods and costs to remove the existing
giant reed stands.
(6) Jim Bochniarz, 33522 Avenida Calita, requested that the
original EIR be certified and the May 7 letter deleted
from consideration.
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(7) Deborah McDonald, 33531 Avenida Calita, noted the
discrepancy between the original EIR and the May 7
letter with regard to traffic impacts.
(8) Laurie Hampton, 26992 Via La Mirada, spoke in favor of
the extension of Calita in that the original EIR did not
address the area's topography.
(9) Bob Meeting, 33651 Via de Agua, felt that even seven
additional trips per day would be a significant increase
of traffic on Via de Agua.
Mayor Friess explained the EIR process and emphasized that
all public testimony and written communications submitted to
date automatically become a part of the final EIR document.
He felt that the reevaluation of traffic impacts should not
have been performed by the same person who provided the
documentation in the original EIR.
(10) Betty Hough, 33911 Via de Agua, spoke in opposition to
the extension of Calita.
Public Comments - Park Use/Sites:
(1) Sarah Ross, 33681 Avenida Calita, president of the Alto
Capistrano Homeowners Association, spoke in favor of the
proposed development/uses of the park sites and ex-
pressed appreciation to staff and the applicant for
their cooperation.
(2) Carol Frazier, 27021 Calle Esperanza, business represen-
tative for the Meredith Canyon Homeowners Association,
submitted petitions signed by 160 residents requesting
that the Las Ramblas park site have security lighting,
low-density landscaping, and no restrooms. The resi-
dents indicated their preference for a simple community
park rather than a full-service park to avoid attracting
undesirable elements.
(3) Dr. Charles Buell, 33905 Calle Acordarse, requested that
the park contain no restrooms.
(4) Mr. Wong, 33601 Avenida Calita, questioned the develop-
ment of two parks when Acu Park appears to be underused.
Public Comments - Circulation Issues:
(1) Mr. Wong, 33601 Avenida Calita, spoke in opposition to
the extension of Calita because of children that have
been hit by speeding cars on Via de Agua and the
potential for additional traffic and speeding on Via de
Agua.
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315
(2) Rodney Champ, 33702 Calle Conejo, spoke in opposition
to the extension of Calita and requested that a knock-
down barrier be installed for emergency egress.
(3) Ellen Juller, 33782 Via de Agua, spoke in favor of the
extension of Calita in that most residents would not use
Via de Agua. If Calita were not extended, she requested
that the gate not be locked to allow emergency egress.
(4) Bob Ross, 33681 Avenida Calita, spoke in opposition to
the extension of Calita and in favor of an emergency
access only because of the potential for an increase in
traffic and accidents on Calita and Via de Agua. He
stated that the original reason for extending Calita (to
access the future extension of Valle Road into the
downtown area) no longer exists.
(5) Carol Frazier, 27021 Calle Esperanza, representing the
Meredith Canyon residents, submitted a petition with 230
signatures in opposition to the extension of Calita and
requested that the General Plan be amended to eliminate
the extension of Calita and allow emergency access only.
She noted concerns regarding lack of sidewalks, blind
curves, off-street parking, narrow width of Via de Agua,
speeding motorists, potential increase in crime, and
decrease in property values. She requested that the
problem of speeding cars be addressed, perhaps with the
installation of speed bumps or additional stop signs.
(6) Sarah Ross, 33681 Avenida Calita, president of the Alto
Capistrano Homeowners Association, submitted a petition
with 211 signatures in opposition to the extension of
Calita based on existing safety concerns.
(7) Ed Bixler, 33562 Avenida Calita, concurred with
Ms. Frazier's statements in opposing the extension of
Calita and requested that the barrier be designed so as
to be aesthetically pleasing, to include landscaping and
bicycle access. He expressed concern regarding the
density of homes vs. lot sizes.
(8) Ken Finley, 26901 Via La Mirada, stated he was not as
concerned with traffic impacts from the TMC development
as he was with the project's high density. He felt that
most of the signatures obtained opposing the extension
of Calita were based on erroneous information given to
the residents.
(9) Russ Tyler, 33722 Avenida Calita, spoke in opposition
to the extension of Calita in that there are no facts
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to indicate there would be a decrease in traffic with
the extension. He felt that the May 7 letter created
dissention. Mayor Friess advised that there was no
intent on the part of the City to create dissention.
(10) Mike Udkovich, 33741 Connemara Drive, spoke in favor of
extending Calita and placing a condition on the project
to extend Street "A" across the mesa adjacent to the TMC
property. He emphasized the importance of providing an
alternative access to the downtown area from Alto
Capistrano, Meredith Canyon, etc. He suggested that
Calita connect with Street "A" further up the hill and
that a more direct route be provided to the downtown.
(11) Robert Bowen, 33721 Avenida Calita, felt that the
extension of Valle Road should be reconsidered by the
City. Mayor Friess advised that the original circula-
tion plans included the extension of Valle Road, but
that the City abandoned the plan because of severe
grading impacts.
(12) Jim Bochniarz, 33522 Avenida Calita, spoke in opposition
to the extension of Calita because of traffic, noise,
crime, and lowered property values. He noted that in
1978 when the extension of Calita was first considered,
there was no other access out of the canyon.
(13) Laurie Hampton, 26992 Via La Mirada, spoke in favor of
the extension of Calita because it would improve traffic
circulation for residents and patrol cars. She noted
that their community was isolated last year during the
fire at Camp Pendleton when Interstate 5 was closed.
She expressed concern regarding the project's large
homes on small lots looking like developments in Laguna
Niguel.
(14) Herb Nattall, 33712 Via de Agua, spoke in opposition to
the extension of Calita because of safety concerns for
his children. He felt that the TMC residents would use
Calita and Via de Aqua and noted that motorists run the
stop signs. He requested that the existing traffic
problems be resolved.
(15) Marilyn Lee, 26962 Via La Mirada, suggested that Calita
be extended. If traffic impacts prove to be intolerable
Calita could be closed with an emergency gate.
Council recessed at 10:00 p.m. and reconvened at 10:07 p.m.
(16) Dan Nichols, 33752 Via de Agua, spoke in opposition to
the extension of Calita.
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Public Comments - Prosect As a Whole:
(1) Richard Hill Adams, 33532 Forster Ranch Road, felt that
some of the lots could be improved and the houses made
smaller. He expressed concern regarding public safety
on top of McCracken Hill resulting from the R&D develop-
ment at the bottom of the hill. He suggested that a
gate be installed by TMC as soon as possible at the
entrance of the road where the R&D development and Valle
Road connect and noted that TMC verbally indicated it
was willing to set aside land for a gated entry. The
cost of installation would then be proportionately reim-
bursed to TMC by the future auto dealership. He also
expressed concern regarding the disrepair of Forster
Ranch Road, which may result in a washout of the road
during a future storm, and requested that the road be
stabilized. He suggested that some of the dirt genera-
ted by the TMC project be used to fill in the V -ditch.
He noted that test driving of vehicles is still occur-
ring on his street from the auto dealerships.
(2) Mike Udkovich, 33741 Connemara Drive, noted letters
addressed to the City Council dated April 13 and May 15,
1991, voicing concerns regarding the project's density,
intensity, and traffic circulation. He expressed
concern regarding adverse visual impacts to the Window
Hill portion of the project and felt that TMC inten-
tionally diverted the focus of the project's concerns
from visual impacts to the extension of Calita. He
suggested that the visual analysis study be reviewed and
stated that none of the concerns expressed in the EIR
regarding visual impacts to the Window Hill development
(linear layout, obstruction of vistas, etc.) were
addressed by the applicant. He suggested that these
adverse impacts be mitigated through the use of land-
scaping, larger side yard setbacks, major grading
revisions, and decreasing the size of homes. He reques-
ted that the project not be evaluated on its affordabil-
ity.
(3) Laurie Hampton, 26992 Via La Mirada, submitted a
petition with 103 signatures in opposition to the Laguna
Niguel -type appearance of the Window Hill development.
She read a letter from Marianne Massick, 27005 Via La
Mirada, in favor of extending Calita.
(4) Mark, 33751 Connemara Drive, concurred with the state-
ments made by Mr. Udkovich and emphasized the importance
of addressing the visual impacts from this project.
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el18o,
Applicant's Rebuttal:
Mr. Schlesinger stated that the worst-case scenario depicted
in the original EIR is required under CEQA, which makes the
EIR adequate according to CEQA regulations. The applicant
t city of the Window
as compare$ rtteeA t�I�4 1j��r eh9 � F £f
Hi 1 evelopment ttll wever, a vi ua simu ation created for
(amended by the EIR depicted the worst-case scenario: 1) it does not
Council include revised grading or revised front, side, and rear yard
C
ounci1) setbacks; 2) trees are shown at the initial planting stage
rather than at maturity, 3) limitations were placed on the
size of homes; 4) landscaped parkways were added to all
streets; and 5) lot sizes were increased to almost 20%. He
indicated that the Planning Commission was aware of the
aforementioned revisions to the plans.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Certification of EIR:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted certifying
the EIR, including the revisions to the Mitigation Measures/
Monitoring Plan noted by Mr. Tomlinson during the staff
presentation:
RESOLUTION NO. 91-8-20-3 CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT 88-2 (PACIFIC POINT/TMC
COMMUNITIES) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS
OF GENERAL PLAN AMENDMENT 90-8 AND REZONE 89-7 AND
CERTIFYING ENVIRONMENTAL IMPACT REPORT 88-2 (STATE
CLEARINGHOUSE NO. 89010046) (PACIFIC POINT/TMC
COMMUNITIES)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
Council Discussion Re: Valle Road:
It was a consensus of the Council that the extension of Valle
Road be deleted from the General Plan because of severe
grading impacts.
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319'
Council Discussion Re: Extension of Avenida Calita:
It was a consensus of the Council that the concerns of the
residents could be addressed but that the extension of Calita
should not be deleted from the Circulation Element of the
General Plan in case of a future need. The barrier should
be aesthetically pleasing and constructed so as to break away
in case of emergency egress.
Approval of General Plan Amendment 90-08:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted approving
those portions of the General Plan Amendment which delete the
Valle Road extension, modify the requirement for constructing
the backbone road system with the first phase, upgrade the
existing segment of Valle Road to secondary roadway, and
denying that part of the General Plan Amendment which deletes
the extension of Avenida Calita, with a provision that a plan
be developed for limited access:
RESOLUTION NO 91-8-20-4 GENERAL PLAN AMENDMENT
90-08 (PACI1•IC POINT/TMC COMMUNITIES) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE GENERAL PLAN
AS IT PERTAINS TO THE FORSTER CANYON COMPREHENSIVE
DEVELOPMENT PLAN, WHICH ESTABLISHES REGULATIONS
AND STANDARDS FOR THE DEVELOPMENT OF THE 256 ACRES
LOCATED ADJACENT TO THE EAST SIDE OF INTERSTATE 5
BETWEEN LAS RAMBLAS AND LA NOVIA TO ALLOW A MIXED-
USE PLANNED COMMUNITY CONSISTING OF 350 DWELLING
UNITS, TWO PARKS, AND TWO RESEARCH AND DEVELOPMENT
SITES (PACIFIC POINT/TMC COMMUNITIES)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
Staff was directed to encourage interaction between the
applicant and the residents regarding the design of the
barrier. Mayor Friess suggested that another traffic study
be conducted of the area.
Council Discussion Re: Phasino:
It was a consensus of the Council that Section 6.3 of the CDP
be revised to require that the secondary road system be
completed prior to issuance of building permits for construc-
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3 2OP "
tion in the valley, i.e. the completion of Street "A" to La
Novia or Valle Road as part of Phase II instead of Phase III.
Staff was directed to proceed with the acquisition of
property necessary for the road completion, to be later
reimbursed by TMC.
The Council emphasized the importance of the applicant
following the phasing plan, particularly with regard to the
San Juan Creek Road and Valle Road intersection.
Mr. Tomlinson advised that although the phasing plan in the
CDP requires that all improvements for Valle Road, including
on-ramp and signalization, be installed to its southern ter-
minus, language exists in the CDP which provides for flexi-
bility.
Mayor Friess expressed concern regarding the enforcement of
the phasing language in the CDP should the property be sold.
Mr. Tomlinson explained that the CDP is "law" unless the
phasing program is modified through the process of entering
into a development agreement.
Council Discussion Re: Intensity:
Mr. Schlesinger advised that another visual analysis would
be completed at the time of site development review showing
specific lots and the appearance of the houses.
Councilman Vasquez expressed concern regarding intensity,
e.g. the size and dimension of the lots, particularly the
visual impact from the freeway at the City's southerly
entrance. He suggested the footprint coverage be limited to
20% of the lot to restrict the size of the house, with a
provision for exceptions when it can be proved that exceeding
the limit would not negatively impact the overall view
corridor.
Councilman Jones suggested that the setbacks be increased.
Mayor Friess concurred with Councilman Vasquez' suggestion
and noted that the typical footprint coverage for an RS type
of development is 20-25% for a 10,000 -square -foot lot.
Mr. Schlesinger felt that the proposed coverage requirement
was being applied to the TMC project alone and requested that
it be eliminated from the CDP. He suggested that staff
analyze other projects to determine how the 20% standard
actually looks. In addition, he requested that any units
lost as a result of this reduction in lot coverage be
relocated elsewhere on the project.
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Mayor Friess explained that the City's concern is primarily
that should the property be sold, the coverage standard would
refer back to the existing Land Use Management Code, which
would be inadequate for this location.
Mr. Tomlinson advised that the Window Hill development
already has a maximum number of units, and that any units
added to another area would need to address minimum lot
sizes.
It was a consensus of the Council that the maximum lot
coverage standard in the VIR, CR, and ER Districts be
modified to require 20% lot coverage for all lots. A
provision shall be added providing for further review to
adjust the coverage requirement, if requested by the appli-
cant, during Tentative Tract Map processing. Such review
shall require Planning Commission recommendation and City
Council approval.
Council Discussion Re: Park Development:
It was suggested that as a part of the approval, the actual
phasing plan be tied into the actual park plan, and that
staff work with the developer to ensure concurrent phasing
of the entire project.
It was a consensus of the Council that all park improvements
be constructed prior to completion of Phase I, unless
modified by a development agreement.
Council Discussion Re: Grading:
Councilman Vasquez suggested that the ratio for slopes be
revised from 1'x:1 to 2:1, which is the Uniform Building Code
standard. He noted that the Dana Mesa slide occurred on a
lk:1 slope. Mr. Tomlinson advised that the applicant must
satisfy geotechnical requirements prior to grading after the
Tentative Tract Map has been approved and that approval must
be obtained from the Director of Engineering and Building.
Mr. Huber felt that a 14:1 slope would be stable.
Mayor Friess stated that he would support the 1k:1 slope but
that the geotechnical study be approved at the time of
Tentative Tract Map review.
Mr. Clark inquired whether the changes proposed had been
considered by the Planning Commission. Mr. Tomlinson
indicated that the Commission considered the La Novia and
Street "A" phasing program as well as concerns regarding off-
site and park improvement phasing. However, they did not
address the 20% lot coverage factor. Mr. Clark felt that
there was no reason to send the project back to the Planning
Commission for further review.
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Commission Discussion Re: RV Storage:
It was moved by Councilman Buchheim and seconded by Council-
man Jones that the requirement for RV storage on-site be
deleted. The motion resulted in a tie vote, with Councilmen
Buchheim and Jones voting in favor and Councilman Vasquez and
Mayor Friess voting in opposition.
It was noted that the proposed Ordinance includes the
recommendations of the Planning Commission, which requires
the addition of an RV storage facility, and that the appear-
ance and location of the facility would become a part of the
Tentative Tract Map approval.
Approval of Rezone 89-07 and Comprehensive Development Plan
81-1:
The City Manager 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 Mayor Friess,
seconded by Councilman Buchheim, that the following Ordinance
be introduced approving Rezone 89-07 and the Comprehensive
Development Plan 81-1, with the following revisions:
(1) Section 6.3 of the CDP shall be revised to require the
transfer of four estate units from Phase I to Phase II;
and that the secondary road system be completed prior
to issuance of building permits for construction in the
valley, i.e. the completion of Street "A" to La Novia
or Valle Road as part of Phase II instead of Phase III.
(2) Infrastructure phasing may be modified with a develop-
ment agreement.
(3) The maximum lot coverage standard in the VIR, CR, and
ER Districts shall be modified to require 20% lot
coverage for all lots. A provision shall be added
providing for further review to adjust the coverage re-
quirement, if requested by the applicant, during
Tentative Tract Map processing. Such review shall
require Planning Commission recommendation and City
Council approval.
(4) All park improvements shall be constructed prior to
completion of Phase I, unless modified by a development
agreement.
(5) Geotechnical documentation for all slopes greater than
2:1 shall be approved by the City Engineer and City
Council prior to Tentative Tract Map approval.
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AMENDMENT TO FORSTER CANYON PLANNED COMMUNITY - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE FORSTER CANYON PLANNED
COMMUNITY ADOPTED BY ORDINANCE NO. 418
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
RECESS AND RECONVENE
Council recessed at 11:45 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 11:48 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE IN THE
DELINQUENT PROPERTY TAX PENALTY ALLOCATION LAWSUITS (600.50)
Written Communication:
Report dated August 20, 1991, from the City Manager, recom-
mending that the proposed Settlement Agreement be approved
between the County and certain Orange County cities, redevel-
opment agencies, and special districts in settlement of the
lawsuit brought against the County regarding the allocation
of delinquent property tax penalties collected by the County
Tax Collector. The Report also recommended that a Mutual
General Release be approved mutually releasing all parties
from the claims made by the opposing parties.
Approval of Settlement Agreement and Mutual General Release:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the Settlement Agreement
and Mutual General Release be approved. The Mayor was
authorized to execute the agreement on behalf of the City.
2. APPOINTMENT OF COUNCILMEN GIL JONES AND JEFF VASQUEZ TO THE
COMMUNITY HOUSING CORPORATION (430.40)
Written Communication:
Report dated August 20, 1991, from the Community Development
Assistant, recommending that Councilman Jones and Vasquez be
appointed as Directors to the San Juan Capistrano Community
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3241
Housing Corporation to fill the vacancies left by former
Councilmen Bland and Schwartze.
Appointment of Directors:
It was moved by Councilman Buchheim, seconded by Mayor
Friess, and unanimously carried that Councilmen Jones and
Vasquez be appointed to the San Juan Capistrano Community
Housing Corporation Board of Directors.
Staff was directed to re-evaluate the corporation in its
entirety and to provide the Council with recommendations
regarding the corporation's function.
3. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR MANAGEMENT
EMPLOYEES (730.30)
Written Communication:
Report dated August 20, 1991, from the City Manager, forward-
ing the Memorandum of Understanding for the 1991-92 fiscal
year for Management Employees. The contract provides for
increased contributions for employee medical insurance and
employee's share of retirement costs. No salary increases
were proposed.
Mr. Julian made a brief oral presentation.
Councilman Vasquez suggested that the mileage reimbursement
of $.275 per mile should be the only method of mileage
reimbursement for Management Employees and that the $40 -per -
month monthly allowance be discontinued. He also inquired
about the method of determining the employee's retirement
contribution.
Mr. Julian explained that the mileage reimbursement was for
out-of-town travel at the IRS standard rate. He noted that
the City's Management Employees are on standby, do not have
access to a City -owned fleet, and must use their own automo-
biles for City business.
Councilman Vasquez inquired whether the fixed costs could be
amortized, and Mr. Bentz replied that it would not be enough
to compensate the employee for actual costs.
Approval of Memorandum of Understanding:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the Memorandum of Understanding between the City
and the San Juan Capistrano Management Employees Association
be approved for the period of July 1, 1991, through June 30,
1992. The motion was carried by a 3-1 vote, with Councilman
Vasquez voting in opposition.
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Councilman Vasquez suggested that the issue of mileage
reimbursement for future meet -and -confer negotiations be
addressed at another meeting.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. RESOLUTION ESTABLISHING 1990-91 AND 1991-92 APPROPRIATION
LIMITATIONS (330.20)
Written Communication:
Report dated August 20, 1991, from the Director of Admini-
strative Services, recommending that the limitation on the
amount of proceeds from taxes which may be appropriated for
expenditures, as required by the State Constitution, be
established at $19,752,692 for 1990-91 and $21,220,480 for
1991-92.
Establishment of Appropriation Limitations:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted establishing
the appropriation limitation of $19,752,692 for 1990-91 and
$21,220,480 for 1991-92:
RESOLUTION NO. 91-8-20-5, ESTABLISHING APPROPRIA-
TION LIMITS - 1990-91 AND 1991-92 FISCAL YEARS -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE
XIIIB APPROPRIATION LIMITS (GANN LIMIT) FOR THE
1990-91 AND 1991-92 FISCAL YEARS
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: Councilman Hausdorfer
2. ADDITIONAL DEPOSIT OF MONEY ($125,000) FOR THE MANAGEMENT AND
OPERATION OF KINOSHITA FARMS. INC. (600.30)
Written Communication:
Report dated August 20, 1991, from the Director of Admini-
strative Services, requesting that a deposit of $125,000 be
approved for the Kinoshita Farms operation Account from the
Agricultural Preserve and Recreation and Park Fees account
for the management and operation of Kinoshita Farms.
Mr. Bentz advised that the City expects to recover this money
by April 1992.
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Councilman Vasquez requested that staff provide copies of the
profit and loss statements for the operation.
Approval of Deposit:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that $125,000 be deposited
with the Bank of America (Kinoshita Farms, Inc.) from the
Agricultural Preserve and Recreation and Park Fees account.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated August 20, 1991, from the Director of Planning,
advising that seven new development applications were
received by the City since the last report of July 16, 1991.
The Report was received and filed.
2. APPEAL OF DESIGN REVIEW COMMISSION ACTION OF DENYING A SIGN
PROGRAM MODIFICATION FOR PAYLESS SHOE SOURCE LOCATED AT 31888
PASEO MERCADO ARCHITECTURAL CONTROL 88-09 (VOLUME SHOE
CORPORATION) (410.60)
Written Communication:
Report dated August 20, 1991, from the Director of Planning,
regarding the appeal by Volume Shoe Corporation of the Design
Review Commission's decision to reverse the colors proposed
for their Payless Shoe Source sign located in the Plaza Del
Obispo shopping center. The Commission voted to have the
applicant's proposed colors reversed to yellow for the "O's"
and to coral for the remaining letters.
Councilman Jones inquired whether all Commissioners were
present at the July 3, 1991, meeting when the decision was
made to reverse the colors. Ms. di Iorio stated that three
of the four Commissioners were present and the vote was
unanimous to reverse the colors; however, two of those
Commissioners were not present when the sign and its proposed
colors were presented to the Commission on June 5, 1991.
Determination Regarding Deadline Extension:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, and unanimously carried that no damage was deter-
mined to have been incurred by the appellant or the City by
extending the deadline to consider the appeal.
Councilman Vasquez stated that because he disliked the yellow
color, he preferred to uphold the Design Review Commission's
decision to have only the "O's" yellow.
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Affirmation of Appellant's Revuest:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, that the following Resolution be adopted affirming the
appellant's request for the "O's" to be coral and the
remaining letters to be pale yellow:
RESOLUTION NO. 91-8-20-6. APPROVAL OF MODIFICATION
TO SIGN PROGRAM, ARCHITECTURAL CONTROL 88-9 (PASEO
CAPISTRANO/VOLUME SHOE CORPORATION) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, MODIFYING THE SIGN PROGRAM
FOR ARCHITECTURAL CONTROL 88-09 (PASEO CAPISTRANO
CENTER/VOLUME SHOE CORPORATION)
The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim, and Mayor Friess
NOES: Councilman Vasquez
ABSENT: Councilman Hausdorfer
3. INITIATION OF GENERAL PLAN AMENDMENT FOR ADDITION OF
FLOODPLAIN ELEMENT, GENERAL PLAN AMENDMENT 91-02 (440.25)
Written Communication:
Report dated August 20, 1991, from the Director of Planning,
recommending that initiation of a General Plan Amendment be
considered to add a Floodplain Element to the General Plan.
Mr. Tomlinson advised that a 100 -year flood is determined by
the duration of rainfall, saturation of soil, and intensity.
Initiation to Consider General Plan Amendment:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that consideration of a
General Plan Amendment be initiated to add the draft Flood-
plain Element to the General Plan.
DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
Written Communication:
Report dated August 20, 1991,
Services, providing an status
ties associated with the Open
from the Director of Community
report of the various activi-
Space Bond Act Measure D.
Mr. King encouraged attendance at the upcoming workshop
scheduled at the La Sala in the City Library on Wednesday,
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August 21, at 7:00 P.M. Public surveys will be distributed
by the end of the month with the Community Services brochure.
The Report was received and filed.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW COMMISSION
(110.20)
Written Communication:
Report dated August 20, 1991, from the Council Services
Manager, noting that the vacancy had been advertised and four
applications were received.
Councilman Buchheim stated that three applicants were
interviewed, and he recommended that Kenneth Aspis be
appointed to the position.
Councilman Vasquez recommended Frank Taylor, who had previ-
ously been interviewed for a vacancy on the Planning Commis-
sion.
Mayor Friess stated that both applicants were good choices;
however, he felt it would be best to appoint another archi-
tectural/design professional to this Commission. He felt
that Mr. Aspis has this expertise but that he would like to
appoint Mr. Taylor to a Commission in the future.
Appointment of Member:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that Kenneth Aspis be appoin-
ted to the vacancy on the Design Review Commission.
2. COUNCIL POLICY RE: ROTATING COMMISSION/ BOARD CHAIRMAN AND
VICE CHAIRMAN APPOINTMENTS (610.30)
Written Communication:
Report dated August 20, 1991, from the Council Services
Manager, forwarding a proposed policy that would require City
boards and commissions to rotate the appointment of Chairman
and Vice Chairman on an annual basis.
Approval of Council Policy:
It was moved by Councilman Buchheim, seconded by Councilman
Jones, and unanimously carried that the Council Policy
requiring that City boards and commissions rotate the
appointment of Chairman and Vice Chairman on an annual basis
be approved effective August 20, 1991. Staff was directed
to advise each board/commission of the new policy and to
amend their bylaws to comply with the new requirement.
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3. RESCHEDULE MEETING OF OCTOBER 15._ 1491 (610.15
Written Communication:
Report dated August 20, 1991, from the Council Services
Manager, providing alternative dates to reschedule the
October 15, 1991, meeting because of a conflict with the
League of California Cities Conference.
Approval of October 1991 City Council Meeting Schedule:
It was moved by Councilman Buchheim, seconded by Councilman
Vasquez, and unanimously carried that the meeting of
October 1, 1991, be adjourned to November 5, 1991, and
constitute the only meeting in October.
COUNCIL COMMENTS
1. LOS RIOS REVIEW COMMITTEE (400.50)
Councilman Jones requested that the Los Rios Review Committee
be allowed to hold a meeting every month to address issues
of concern in the Los Rios District.
Bill Hardy, 26523 Calle Lorenzo, Chairman of the Los Rios
Review Committee, reiterated the discussions held with staff
regarding the request.
Although the Committee presently has the ability to request
such meetings, Mr. Julian indicated he would meet with
Chairman Hardy to clarify the issue, with a follow-up memo
to be provided to the City Council.
2. PRICE CLUB AGREEMENT (600.401
Councilman Vasquez asked why staff requested a closed session
to discuss the Price Club acquisition. Mr. Clark advised
that Government Code Section 54956.8 allows for a closed
session to be held to provide direction to negotiators in
real property acquisitions. In the Price Club's case,
proposed changes to the contract regarding the original
property acquisition were to be discussed.
3. 4-H. COUNTY CUTBACK IN FUNDING (130.40
' Mayor Friess noted that the Board of Supervisors was
considering cutting funding to the 4-H development and the
Orange County Cooperative Extension Office of the University
of California and that a request had been received from
members of the task force for letters to the Board opposing
the cutbacks. It was a consensus of the Council that staff
prepare the letter for the Mayor's signature.
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LEGAL UPDATE (600.10)
Councilman Vasquez requested a statement of accounting for
all the lawsuits in which the City is involved, including
fees charged for what purpose.
CLOSED SESSION
Council recessed to a Closed Session at 12:35 a.m. Wednesday,
August 21, for discussion of legal matters per Government Code
Section 94956.8 (Committee to Restore Integrity v. City) and meet -
and -confer matters per Government Code Section 54957.6, the Deputy
City Clerk being excused therefrom, and reconvened at 12:57 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 12:57 a.m. Wednesday, August 21, to the next
regular meeting date of Tuesday, September 3, 1991, at 7:00 P.M.
in the City Council Chamber.
ATTEST:
KENNETH E. FRIESS, MA OR
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
By DAWN SCHANDERL, DEPUTY CITY CLERK
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