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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. -1- 8/20/91 309 _11� 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. -2- 8/20/91 309 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: -3- 8/20/91 310 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: -4- 8/20/91 311 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 -5- 8/20/91 312 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. -6- 8/20/91 31.Q 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. -7- 8/20/91 314' (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. -8- 8/20/91 315 (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 -9- 8/20/91 316 ' 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. C [i61= 8/20/91 31'7~ 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. -11- 8/20/91 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. -12- 8/20/91 319' 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- -13- 8/20/91 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. -14- 8/20/91 321 W 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. -15- 8/20/91 322" 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. -16- 8/20/91 323 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 -17- 8/20/91 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. -18- 8/20/91 OR 2 5 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. -19- 8/20/91 I 2 6"A 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. -20- 8/20/91 3 2'700 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, -21- 8/20/91 32801 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. -22- 8/20/91 329.. 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. -23- 8/20/91 83064 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 -24- 8/20/91 1.