00-0418_CC_Minutes_Regular Meeting037
April 18, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by
statute:
1. Pursuant to Government Code Section 54957, the City Council will conduct a
performance evaluation of the City Manager.
2. Pursuant to Government Code Section 54956.8, the City Council will conferwith its real
property negotiator (City Manager) concerning the potential sale of certain city -owned
real property described as APN 121-141-25 and -26 (Easterly 2,302 sf of Lot 9, Tract
50 and Easterly 2,820 sf of Lot 10, Tract 50). The negotiating party is Mr. A. Sesar
3. Pursuant to Government Code Section 54956.9, the City Council will confer with its
Legal Counsel regarding the status of Mocalis v. City of San Juan Capistrano, et al.
4. Pursuant to Government Code Section 54957.6, the City Council will confer with its
Labor Negotiator (City Manager) regarding Terms and Conditions of Employment
�- (Management and Classified Employees)
RECESS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Reverend John Helms, Capistrano
Valley Baptist Church.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King, Community
Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez,
Recording Secretary.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL, COMMUNITY
REDEVELOPMENT AGENCY AND CAPISTRANO VALLEY WATER DISTRICT
Mayor Campbell announced there were no action to report from Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (11.0_._10_)
Mayor pro tem Hart introduced the following persons in attendance: Marie Buckner,
Joanne deGuevara and Ethel Tregarthen, Housing Advisory Committee; Bob Cardoza,
Parks, Recreation and Equestrian Commission; and, Ed Johnson, Planning
Commission.
ORAL COMMUNICATIONS
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY}
WATER QUALITY CONTROL (1050.80)
Roger Von Butto, 1136-112 Glenneyre, Laguna Beach, and Michael Hazard, 22615 La
Vina Drive, Mission Viejo, representing the Clean Aliso Creels Foundation and Clean
Water Now Coalition, discussed sewage spills upstream from the City and the hazards
of polluted water. They urged the City to continue participation in watershed meetings
and newly -formed water quality committee meetings in orderto take a pro -active stance
to protect citizens and public health.
2. LETTER OF APPRECIATION SIMMONS 610.25
Council Member Greiner read a letter from June Simmons, expressing gratitude to the
City for the love and appreciation given to Al Simmons.
CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The
motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
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2. APPROVAL OF CITY COUNCIL MINUTES OF MARCH 21 2000
The Minutes of the Regular Meeting of March 21, 2000, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF MARCH 23. 2000 (300.30)
The List of Demands dated March 23, 2000, in the total amount of $1,070.520.92, was
ordered received and filed.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated April 18, 2000, from the Planning Director, advising that five new
applications had been received since the last Report on March 21, 2000, was ordered
received and filed.
5. ADDITION OF CAPISTRANO VILLAS II AND III ALLEYWAYS TO THE CITY'S
STREET SWEEPING CONTRACT CALIFORNIA STREET MAINTENANCE
INC.) (600.301
As set forth in the Report dated April 18, 2000, from the Public Works Director, advising
that the middle 20 feet of the alleyways were public property, the alleyways in the
Capistrano Villas li and III developments were included into the City's Street Sweeping
-- Contract with California Street Maintenance. The Homeowners Associations had
requested that the sweeping be recommenced and staff concurred due to the high
density of the neighborhood and heavy use of the alleys.
6. APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS - DEL
OBISPO STREETAND VIA BELARDESIPASEO CAROLINATRAFFIC SIGNAL
INSTALLATION (CIP NO. 128) (600.30)
As set forth in the Report dated April 18, 2000 from the Engineering and Building
Director, the plans, specifications and call for bids were approved for installation of a
traffic signal at the intersection of Del Obispo Street and Via Beiardes/Paseo Carolina.
7. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 15771 (OLSON COMPANY) (600.30)
As set forth in the Report dated April 18, 2000, from the Engineering and Building
Director, the Final Map for Tract 15771 and the Subdivision Improvement Agreement,
were approved, based on conformance with the requirements set forth in the
Subdivision Map Act and the approved Tentative Tract Map conditions. The Mayor and
City Clerk were authorized to sign the Subdivision Improvement Agreement; the City
Engineer and City Clerk were authorized to sign the Final Map. The City Clerk was
directed to forward the documents to the Orange County Recorder's Office.
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8. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - CAMINO
CAPISTRANO WIDENING, STONEHILL DRIVE TO 1,000 FEET NORTH
(PROPOSED WESELOH DEALERSHIP) (CIP NO 113) (GMC ENGINEERING,
INC.) (600.30)
As set forth in the Report dated April 18, 2000, from the Engineering and Building
Director, the following Resolution was adopted declaring work to be complete:
RESOLUTION NO. 00-4-18-1, COMPLETION OF CAMINO
CAPISTRANO WIDENING, STONEHILL DRIVE TO 1,000 FEET
NORTH (GMC ENGINEERING, INC.) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR CAMINO CAPISTRANO WIDENING,
STONEHILL DRIVE TO 1,000 FEET NORTH (CIP NO. 113) (GMC
ENGINEERING, INC.)
The Resolution accepted the work as complete in the amount of $677,706.39 and
authorized staff to release the 10% retention in the amount of $67,770.64, thirty-five
days after recording a Notice of Completion.
9. DENIAL OF CLAIM OF MYRA SUE GATES FOR DAMAGES (170.10)
As set forth in the Report dated April 18, 2000, from the City Attorney, the claim filed by
Myra Sue Gates for damages allegedly sustained at 26675 Paseo Rosarito from storm
runoff, was denied in its entirety.
10. DENIAL OF CLAIM OF JACK AND RUTH STEVENS FOR DAMAGES 070.10)
As set forth in the Report dated April 18, 2000, from the City Attorney, the claim filed by
Jack and Ruth Stevens for damages allegedly sustained at 26675 Paseo Rosarito from
storm runoff, was denied in its entirety.
PUBLIC HEARINGS
APPROVAL OF VESTING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN
LAND USE PERMIT 00-1 (VILLAGE ALIPAZ) _(420.401550.10)
Proposal:
Hearing held to review Phase 2 of the Village Alipaz development, which would
subdivide approximately 13 acres of a 22 -acre site into 104 single family residential lots.
The site is located on the eastern side of Alipaz Street, approximately 1/2 mile south of
Del Obispo Street. The project also requires approval of a Floodplain Land Use Permit,
since a portion of the site is located within the Floodplain Management overlay district.
The property is designated 1.5 (Medium High Density Residential) on the General Plan
Map and is zoned Planned Community. Adjacent uses include attached housing and
office space to the north, a mobile home park to the south, Trabuco Creek to the east,
and the City's sports part to the west. The site encompasses three small parcels owned
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by the Capistrano Valley Water District, or dedicated by easement to the San Juan
Basin Authority, which contain both active and inactive water transmission facilities.
Applicant:
Village Alipaz, LLC, 19700 Fairchild Road, Suite 120, Irvine, California 92612.
Written Communications:
Report dated April 18, 2000, from the Planning Director, forwarding background
information and recommending approval.
A vesting Tentative Tract Map, conceptual grading plans, elevations, landscape plans
and fence and wall plans were on display in the Council Chambers and C.J. Amstrup,
Senior Planner, made an oral presentation. He described the proposal and with the aid
of the exhibits, described the alternative designs for the south property line with the
mobile home park, noting that the separation would entail a retaining wall/rear yard
fence combination. He described the original south property line proposal that would
incorporate a 2:1 slope and a retaining wall, and which would require that the applicant
acquire an easement located outside the project boundary. He advised that the
applicant had not yet been able to acquire the easement. Conditions in the resolution
of approval would accommodate either alternative. Mr. Amstrup noted that the Parks
and Recreation fees were to be paid at the full amount; any request for reduction in the
fees would require review by the Parks, Recreation and Equestrian Commission.
- Council Member Questions:
Council Member Swerdlin initiated discussion regarding the project being situated in the
100 -year floodplain and the differences in elevation between the proposed project and
the mobilehome park.
Council Member Greiner initiated discussion regarding the view of the south property
line treatment from the mobile home park and possible mitigation of the "tunnel effect"
with landscaping. Mr. Amstrup described the proposed treatment, noting that
approximately 15 feet would separate the coaches from the property wall and advising
that landscaping could not be placed within the easement.
Council Member Bathgate noted that the applicant intended to clean up the various
easements existing on the property, and questioned what would happen if the
easements were not quit -claimed to the applicant and would thereby affect the project
design. Mr. Amstrup advised that if the easements affected the design so that it was
not in substantial compliance with the approved Tentative Map, the issue would then
come back to the City Council for review during the Final Map process.
Mayor Campbell initiated discussion regarding removal of eucalyptus trees. Mr.
Amstrup stated that the trees had been damaged from poor pruning methods and would
be replaced with various box -size trees; that the final landscape plans were not yet
available and would be reviewed by the Planning Commission.
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Applicant's Presentation:
Philip Schwartze, representative for both the Saddleback Valley Christian School and
Village Alipaz LLC, stated that the eucalyptus trees were in poor conditions and had
been planted to screen the RV lot. He indicated that a master landscape plan was
being developed. Mr. Schwartze stated that the easement issue was still a dynamic
situation noting that portions of the property were owned by Mr. Vermeulen and Mr.
Scalzo, who were currently in litigation. Mr. Schwartze stated that they hoped to acquire
the property and the access easement, which would result in a new map incorporating
the newly -acquired property. Mr. Schwartze indicated that the applicant disagreed with
the condition requiring construction of a signalized intersection at the project entrance
and Alipaz Street, noting they felt it was not an appropriate location or time to construct
a signal. He presented a memorandum dated April 11, 2000, from Joe Foust, of Austin -
Foust Associates, Inc., traffic engineers, which stated that the majority of the movement
would be right turns from the project site and there may not be a demonstrated need for
the signal. Mr. Schwartz suggested that the applicant post a bond; when the project has
been completed and if a signal was warranted, then it would be installed.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing and the following person responded:
(1) Don Miller, 32302 Alipaz, #100, felt that the proposed signal would ultimately
impede traffic. Mr. Miller recommended that the placement of the signal be
delayed until an actual safety study and traffic counts could be determined.
(2) Bruce Harbin, President of the Saddleback Valley Christian School, stated that
the RV storage site was operated by the school, which depended on that
income. He requested that an emergency Conditional Use Permit be considered
for the Lower Rosan Ranch or the San Juan Meadows property so that RV
owners could continue to store their vehicles in town and the school could
continue generating income from this source.
There being no further response, Mayor Campbell closed the hearing with the right to
re -open at any time.
Council Member Comments:
Council Member Bathgate initiated discussion regarding posting of a bond and future
assessment of the situation. The Engineering and Building Director emphasized that
staff did not support the applicant's suggestion because the traffic study prepared by
Austin -Foust indicated the need for a signal and because there were safety issues
involved with regard to the proximity of the new elementary school and the Sports Park.
Further discussion ensued regarding the memorandum presented by Mr. Schwartze and
Kathy Lawrence, representing Austin -Foust & Associates, stated that the memorandum
pointed out that the need was based on right turns out of the project and if that volume
was discounted signal warrants would not be met. However, Austin -Foust, Inc., stood
behind their traffic study that indicated a signal was warranted.
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Adoption of Resolution:
It was moved by Council Member Bathgate and seconded by Council Member Swerdlin
that the following Resolution be adopted with a modification to approve Vesting
Tentative Tract Map and Floodplain Land Use Permit based on the first alternative
treatment for the south property line as shown on attachment 8 of the Staff report, with
direction that if that alternative could not be constructed, then the applicant was to return
to the City Council with alternative designs:
RESOLUTION NO. 00-4-18-2. APPROVING TENTATIVE TRACT MAP
15998 AND FLOODPLAIN LAND USE PERMIT 00-01 (VILLAGE
ALIPAZ. LLC) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 15998 AND FLOODPLAIN LAND USE PERMIT 00-01 FOR
A 13 -ACRE PARCEL LOCATED ON THE EAST SIDE OF ALIPAZ
STREET APPROXIMATELY ONE-HALF MILE SOUTH OF DEL OBISPO
STREET (VILLAGE ALIPAZ, LLC)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
2. APPROVAL OF LITTLE HOLLYWOOD AFFORDABLE HOUSING PROGRAM
GUIDELINES AND OPERATING_ PROCEDURES (400.20)
Proposal:
Hearing continued from April 4, 2000, and held jointly with the Community
Redevelopment Agency, to consider written program guidelines which would implement
HUD eligibility requirements, prioritize applicants and maintain the Little Hollywood
rental housing units in good condition. The guidelines had been expanded to include
an application process and tenant rules and regulations.
Applicant:
City of San Juan Capistrano/San Juan Capistrano Community Redevelopment Agency.
Written Communications:
Report dated April 18, 2000, from the Finance Officer/Director of Administrative
Services, forwarding the proposed Guidelines.
Cynthia Russell, Administrative Services Director, made an oral presentation. She
advised that there were 14 affordable housing units in the Little Hollywood area covered
by the Guidelines; that the Guidelines would formalize policies and procedures for
administering the Little Hollywood Affordable Housing Program. She briefly reviewed
the Guidelines and recommended approval.
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Public Hearin:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the hearing with the right to re -open at
any time.
Approval of Program Guidelines:
It was moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried to approve the Little Hollywood Affordable Housing Program
Guidelines and Operating Procedures.
RECESS AND RECONVENE
Council recessed at 8:10 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and reconvened at 8:11 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF ORTEGA HIGHWAY SOUND STUDY - SECOND -IN HOMES
ORTEGA HIGHWAY MITIGATION PROGRAM GORDON BRICKEN &
ASSOCIATES 600.30
Written Communications:
Report dated April 18, 2000, from the Principal Management Analyst, advising that the
noise mitigation assistance to Ortega Highway first -in homes who qualified had been
completed. In conjunction with Council direction, the Report forwarded a list of second -
in homes recommended fortesting and also requested that the 1996 acoustical analysis
of Ortega Highway be re -calibrated, since many conditions have changed since 1996;
i.e., importation is now occurring and Antonio Parkway has been completed and
opened.
A map indicating the second -in homes proposed for testing was on display and Douglas
Dumhart, Principal Management Analyst, made an oral presentation.
Public Comments:
(1) Wallace Bublitz, 27572 Rosedale Drive, felt that it did not make sense to test
second -in homes when many first -in homes had not met the noise mitigation
standard. He suggested the funding be used to assist Caltrans in installing
smart signals to facilitate pedestrian crossing of Ortega Highway. Mr. Bublitz
suggested testing only second -in homes near those first -in homes that tested
high.
City Council Comments:
In response to Mayor Campbell the City Manager indicated there were two-story,
second -in homes behind failed first -in homes. He indicated that the Council had
directed the testing of second -in homes and re-evaluation was a policy issue.
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Approval of Testing/Re-calibration:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the list of second -in homes to be tested and an
agreement with Gordon Bricken and Associates to re -calibrate the 1996 computer
sound model and to conduct testing of the second -in homes.
ORDINANCES - None
COUNCILMANIC ITEMS
CONSIDERATION OF OFF -AGENDA ITEM -
LETTER TO DARRELL ISSA RE: FOOTHILUEASTERN TRANSPORTATION
CORRIDOR (800.50)
Findin for Consideration of Off -Agenda Item:
It was moved by Mayor Campbell, seconded by Council Member Greiner and unanimously
carried to find that this item was not available prior to publication of the Council agenda and
consideration was necessary at this time.
Council Member Hart noted that an informational meeting with Congressional Candidate Issa
was scheduled for May 10, 2000, in Vista in order to provide background on the Transportation
Corridor Agency, with an emphasis on the Foothill South portion and its impact on South
Orange County and San Diego County. Due to the tremendous negative impact on the City
if the corridor was not completed as planned, Council Member Hart asked that a letter be
prepared for all Council signatures explaining the City's position.
Authorization to Prepare Letter:
It was moved by Council Member Hart, seconded by Mayor Campbell and unanimously carried
to forward a letter to Congressional Candidate Issa providing background information relating
to the Transportation Corridor Agency and the possible negative impact that would be incurred
if the Foothill South portion of the corridor was not completed as planned.
INFORMATIONAL OFF -AGENDA ITEMS
Ortega Highway Landscaping
Mayor Campbell announced that Staff had taken the initiative to set up a meeting with Caltrans
and the landscape contractor regarding the condition of landscaping of the recently -completed
widening of Ortega Highway between Rancho Viejo Road and the freeway ramps.
Mayorthon
Mayor Campbell noted her upcoming participation in a "Mayorthon" on April 30, 2000, to bring
awareness of the need for organ donors.
1. CONSIDERATION OF COUNCIL. APPOINTMENTS (610.80_)
Written Communications:
Report dated April 18, 2000, from the Assistant City Manager, advising that
appointments to the Floodplain Management Committee and appointment of an
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alternate to the Interjurisdictional Planning Committees GMA 9 & 11 had been held over
from the meeting of April 4, 2000.
Appointments to Fill Vacancies:
It was moved by Mayor Campbell, seconded by Council Member Hart and unanimously
carried that Council Members Greiner and Bathgate be appointed to represent the City
on the Flood Plain Management Committee. Council Member Greiner noted the need
for a more convenient meeting time.
It was moved by Council Member Greiner, seconded by Mayor Campbell and
unanimously carried that Council Member Swerdlin be appointed as the alternate
representative to the Interjurisdictional Planning Committees GMA 9 & 11.
2. ANNUAL APPOINTMENTS TO COMMISSION AND COMMITTEES (110.20
Written Communications:
Report dated March 21, 2000, and resubmitted April 18, 2000, advising that the Council
subcommittee would make recommendations at the meeting.
Appointment of Commissioners:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried to that all current commission/committee members be re-
appointed; and to appoint the following people to fill the five vacancies: Lorie Porter and
Jess Andrews, Cultural Heritage Commission; Michelle Knorre, Housing Advisory
Committee; Angela Duzich-Rohde, Transportation Commission; and Lawrence Gallery,
Water Advisory Commission.
Motion to Fill Planning Commission Vacancy:
it was moved by Council Member Hart, seconded by Council Member Swerdlin and
carried with Council Member Bathgate abstaining that George Proctor be appointed to
the Planning Commission.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that the Vector of the Month was the
mosquito.
COUNCIL COMMENTS
1. NOTIFICATION OF UPSTREAM SPILLS (1050.80
Council Member Swerdlin inquired about notification to the equestrian community,
schools, etc., in the event of an upstream sewage spill. The City Manager advised that
the Health Department was responsible for notification and that Staff will provide the
Council with information on how notification was made.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:40 p.m.
to the next regular meeting date of Tuesday, May 2, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
ATTEST:
LLF.PdE CAMPBELL, MAYOR
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,,pWt"ITY CLERK
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