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00-0815_CC_Minutes_Regular Meeting145 August 15, 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: Pursuant to Government Code Section 54956.8, the City Council will confer with its Real Property Negotiator (City Manager) regarding the potential sale of certain real property, more particularly described as Arguello Way, located between The Trading Post and the Sarducci Building within the downtown area. The potential acquiring party's agent is R. Bertalino. 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Brian Wood, Calvary Chapel of San Juan Capistrano. ROLL CALL: PRESENT: Collene Campbell, Mayor Wyatt Hart, Mayor pro tem Diane Bathgate, Council Member David M. Swerdlin, Council Member ABSENT: John Greiner, Council Member 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; Karen Vavan, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Campbell announced that there were no actions to report from the Closed Sessions. INTRODUCTION PRESENTATIONS AND DONATIONS Mayor Campbell recognized the following persons in attendance at the meeting: Dave Pettijohn and friends Alan Anders, Katie Fernandez and Kelly Carny, who were attending as a �-- requirement for an Advanced Placement Government class at Dana Hills High School; and, City Council Minutes -1- 08/15/00 146 Boy Scout Troop 724 Leader Lt. Paddock and Scouts who were attending as a requirement for Merit badges in Government. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart introduced the following persons in attendance: Ethel Tregarthen, Joann deGuevera and Marie Buckner, Housing Advisory Committee; William Pichler, Michael Eggers and Ed Johnson, Planning Commission; Janet Siegel, Don Tryon, Cultural Heritage Commission; Tom Ostensen, Robert Cardoza and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Les Blair, Senior Liaison. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY CAPISTRANO TERRACE MOBILE HOME PARK (480.50 Richard Ungfried, 32802 Valle Rd., Space 12, expressed concern that the Capistrano Terrace Mobile Home Park owner had indicated the possibility of closing the Park. He asked if the City had a relocation plan or if there was a way to prevent closure of the Park. Mayor Campbell requested that the City Manager discuss this situation with Mr. Ungfried. 2. LEAGUE OF WOMEN VOTERS ELECTION SERVICES (630.20) Pat Bauer, 9 Plaza Baja Del Sol, a Board member with the League of Women Voters, described their service to candidates through their Smart Voter program and the ability of candidates to include information on League's website, smartvoter.com. Ms. Bauer added that this site was an outreach to both voters and candidates. 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, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Greiner MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. City Council Minutes -2- 08/15/00 147 2. APPROVAL OF CITY COUNCIL MINUTES OF JULY 18, 2000 The Minutes of the Regular Meeting of July 18, 2000, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JULY 27, 2000 (300.30) The List of Demands dated July 27, 2000, in the total amount of $980,991.60, was ordered received and filed. Council Member Bathgate abstained. 4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (40.10) The Report dated August 15, 2000, from the Planning Director, advising that no new applications had been received since the last Report on July 18, 2000, was ordered received and filed. 5. APPROVAL OF AGREEMENT — WEED AND RODENT CONTROL FOR CITY PARKS, MEDIANS, FACILITIES AND DISTRICTS (RPW SERVICES, INC.) (600,10 � As set forth in the Report dated August 15, 2000, from the Public Works Director, the Personal Services Agreement with RPW Services, Inc., to provide weed and rodent control services for the City's parks, medians, facilities and landscape districts, for the period ending June 31, 2003 in the amount of $195,000, was approved. 6. APPROVAL OF MODIFICATIONS TO THE STATE HOME INVESTMENT PARTNERSHIPS (STATE HOME) PROGRAM FIRST-TIME HOMEBUYER PROGRAM (430.25) As set forth in the Report dated August 15, 2000, from the Planning Director, the modifications to the State Home Investment Partnerships (State HOME) First -Time Homebuyer Program Rules and Regulations were approved to add language placing a three-year restriction on the profit of the sale of a property purchased in conjunction with the Community Enhancement Housing Program. 7. APPROVAL OF SALE OF SERRA/AWMA ADMINISTRATION BUILDING 1040.60) As set forth in the Report dated August 15, 2000, from the Engineering and Building Director, the City Council concurred with the recommendation that the Southeast Regional Reclamation Authority and the Aliso Water Management Agency move forward with the sale of their Administration Building located on Rancho Viejo Road. City Council Minutes -3- 08/15/00 148 8. APPROVAL OF FIRST AMENDMENT TO THE FIVE YEAR LAW ENFORCEMENT SERVICES AGREEMENT FOR FISCAL YEAR 2000-2001 600.50 As set forth in the Report dated August 15, 2000, from the City Manager, the First Amendment to the Agreement for Law Enforcement Services for Fiscal Year 2000-01 was approved to include the addition of one Sergeant position to be shared with the City of Dana Point. 9. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK AND COOK PARKICORDOVA (AYSO REGION 87)(600.30) As set forth in the Report dated August 15, 2000, from the Community Services Director, the License Agreement with AYSO Region 87 was approved for use of the concession stands at the San Juan Capistrano Sports Park and at Cook Park/Cordova for the period of September 1, 2000 to January 31, 2001. PUBLIC HEARINGS CONSIDERATION OF REQUEST TO ENLARGE SALES FACILITY AND REZONE ADJACENT PARCEL FOR PROPERTY LOCATED AT 32852 VALLE ROAD, REZONE 00-02 (CAPISTRANO VOLKSWAGEN) (460.20) Proposal: Consideration of a request to enlarge the existing Capistrano Volkswagen Dealership sales facility from an area of 3,800 square feet to 25,100 square feet. In order to accommodate the proposed expansion, a rezone of the adjacent vacant 1.2 -acre parcel was proposed to change the zoning from Growth Management to Commercial Manufacturing. Surrounding uses include the Capistrano Terrace Mobile Home Park to the north, an existing, vacant auto dealership to the south, an approved, but not yet constructed self -storage facility to the east, and Interstate 5 to the west. Applicant: Ken Friess, Friess Company Builders, 31658 Rancho Viejo Road, Suite B, San Juan Capistrano, CA 92675. Written Communications: Report dated August 15, 2000, from the Planning Director, advising that staff had not identified any issues associated with the rezone and recommending approval of the project. Site plans, computer-generated colored renderings and conceptual landscape plans were on display. C. J. Amstrup, Senior Planner, made an oral presentation, detailing the proposed expansion of the dealership and advising that the proposed use was consistent with the applicable elements of the General Plan. He described the proposed architecture of the expansion and advised that the tree removal permit and the City Council Minutes -4- 08/15/00 149 Architectural Control application would be considered at the Planning Commission's next meeting. Council Discussion: Mayor Campbell expressed concern that the Planning Commission and the applicant should be aware of the proposed size and impact of the replacement box trees. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing, and the following persons responded: (1) Dr. Ken Friess, 31506 Paseo Christina, applicant, addressed the tree issue in detail, and advised that the size of the replacement trees would be appropriate to their location. (2) Miles Brandon, 32852 Valle Road, owner of Capistrano Volkswagen Dealership, spoke in support of the project, noting that the business had grown 300% in last three years. He expressed appreciation for the support of the community and the City. There being no further response, Mayor Campbell closed the public hearing with the right to re -open at any time. Approval of Mitigated Negative Declaration: It was moved by Council Member Swerdlin, seconded by Council Member Hart that the following Resolution be adopted: RESOLUTION NO. 00-8-15-1 CERTIFYING MITIGATED NEGATIVE DECLARATION - CAPISTRANO VOLKSWAGEN FACILITY EXPANSION AND REZONE OF ADJACENT PROPERTY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR A PROPOSAL TO ENLARGE THE EXISTING CAPISTRANO VOLKSWAGEN SALES AND TO REZONE THE ADJACENT 1.2 ACRE PARCEL FROM GROWTH MANAGEMENT TO COMMERCIAL MANUFACTURING (CAPISTRANO VOLKSWAGEN) The motion carried by the following vote: AYES: Council Members Bathgate, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Greiner City Council Minutes -5- 08/15/00 ISO Introduction of Ordinance The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Swerdlin, seconded by Council Member Hart, that the following Ordinance be introduced: APPROVING REZONE 00-02 (CAPISTRANO VOLKSWAGEN) — AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 00-02, AN APPLICATION TO REZONE AN APPROXIMATELY 1.2 ACRE SITE LOCATED ALONG THE EAST SIDE OF VALLE ROAD, SOUTH OF THE INTERSECTION OF LA NOVIA AVENUE, FROM THE GROWTH MANAGEMENT (GM) ZONE DISTRICT TO THE COMMERCIAL MANUFACTURING (CM) ZONE DISTRICT (ASSESSOR'S PARCEL NUMBER 666-301- 05/CAPISTRANO VOLKSWAGEN) The motion carried by the following vote: AYES: Council Members Bathgate, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Greiner RECESS AND RECONVENE Council recessed at 7:28 p.m. to convene the San Juan Capistrano Community Redevelopment Agency (and the Capistrano Valley Water District), and reconvened at 7:30 p.m. ADMINISTRATIVE ITEMS PLANNING DIRECTOR APPROVAL OF APPEAL OF PLANNING DIRECTOR'S LAND USE DETERMINATION TO DENY THE ESTABLISHMENT OF A NARROW GAUGE TRAIN IN THE HISTORIC COMMERCIAL DISTRICT OF THE LOS RIOS SPECIFIC PLAN (JONES FAMILY MINI -FARM) (4 o -A Written Communications: (1) Report dated August 15, 2000, from the Planning Director, describing the proposed narrow gauge train ride and providing an analysis of consistency with the purpose and intent of the Historic Commercial District of the Los Rios Specific Plan and its listed uses. The proposed use is located in the former Pony Corral at the Jones Family Mini Farm, 31791 Los Rios Street, and is configured in an oval track pattern with approximate measurements of 20'x 30.' City Council Minutes -6- 08115100 151 The Report advised that the proposed use had been referred to the Cultural Heritage Commission, which had subsequently recommended denial of the use. The Report forwarded a resolution confirming the Planning Director's determination to deny the proposed use. (2) Informational package from Jennifer Baldridge, 26832 Calle Ricardo, providing a map and photographic views of the Jones Family Mini Farm, and indicating that the train would be located in the center of the Jones' property and contained within a corral/barn enclosure. (3) Letter dated August 9, 2000, from Thomas G. Ostensen, 31851 Via Puntero, supporting the Planning Director's determination. (4) Letter dated August 12, 2000, from Marianne and John Taylor, 31661 Los Rios Street, supporting the proposed train ride. (5) Letter dated August 13, 2000, from David and Jacqueline Lewis Stack, 31512 Paseo Christina, supporting the proposed narrow gauge train ride. (6) Letter dated August 13, 29000, from Allan and Claudia Niccola, 31721 Los Rios Street, supporting the proposed train ride. (7) Letter dated August 14, 2000, from Phillip R. Schwartze, 31682 EI Camino Real, supporting the proposed train ride. (8) Petition received august 14, 2000, from the Jones Family Mini Farm, containing approximately 230 signatures in support of the proposed train ride. (9) Letter dated August 15, 2000, from Jan Siegel, 27201 Calle Delgado, supporting the Planning Director's denial of the use. Mayor Campbell noted that Gil Jones had served on the City Council in the past. She assured the public that the City Council would put aside personal feeling and that the decision made this evening would be handled with integrity and in the best interests of the community. The Planning Director reviewed the uses as set forth in the Los Rios Specific Plan and indicated that he had been unable to make a finding that the proposed use would be consistent. He advised that these determinations of uses would run with the land and staff had felt the use would not be consistent with the vision for the Historic Commercial District. Public Input (1) Kay Shaw, 31171 Los Rios, spoke in support of the appeal. She indicated she had contacted the National Register of Historic Places and had been assured there were no federal prohibitions on businesses operating in a Historic City Council Minutes -7- 08/15/00 152 Residential District unless federal funds had been used. She further stated that although the Jones Family home was in the historic residential district, the farm where the Train would be located, was in the Historic Commercial District. She advised that numerous businesses on Los Rios Street with whom she had spoken had felt that the Jones Family Mini -Farm brings much needed business to the area. (2) Ilse Byrnes, 30500 Hilltop Way, felt that although the proposed train would be quiet and small, it was still a use that was not acceptable in a historic commercial district. She indicated that the offices of the National Trust of Historic Preservation, The California Preservation Foundation and The State of California Historic Preservation Office felt the City should stay with the original decision, as the designation for the historic district could eventually be lost. (3) Sheree Ito, 31825 Los Rios Street, speaking for the entire Ito family, spoke in opposition to the proposed narrow gauge train. She felt the addition of the train would be contrary to the conditions and use of the property as approved by the City Council, and detrimental to the preservation of the Los Rios historic neighborhood as envisioned by the recently adopted Los Rios Pacific Plan. She stated that the proposed train would significantly impact the Ito family's use and enjoyment of their business by adding pedestrian and automobile traffic to River Street and Paseo Adelanto. She stated that the Jones Family Mini -Farm was currently under -parked for the number of patrons visiting the facility and referred to parking and congestion problems already in existence in the area. She advised that the family owned one-half of River Street, which was a private road, and the family had concerns about any additional uses at the Jones Family Mini - Farm which could affect their property. She suggested that the City should require a complete conditions and use review before approving any additions to the existing facility. She stated that inadequate parking for Jones' use, pedestrian and vehicular conflicts, lack of a maintenance and operation agreement for the road, and liability exposure all created a situation which was not acceptable to the Ito family. She further indicated that the City's gate design at the top of River and Los Rios Street and Mr. Jones' action to lock the Paseo Adelanto gate into an open position, created additional liability for the Ito family. She stated that a License Agreement between the Ito Family and the City indicated that the Paseo Adelanto gate was for the security of their property. She urged that the appeal be denied. (4) Don Miller, 32302 Alipaz, #100, commented that trains were a part of the City's history and he felt the proposed narrow gauge train ride would be a favorable additional to the Jones Mini -Farm. (5) Andi Culbertson, 27351 Ortega Highway, stated that from a Planner's perspective, the proposed train was justified. She also commented on trains as part of the City's heritage and indicated she had visited the proposed site and felt city council Minutes -8- 0$115100 153 the train would be unobtrusive. She urged a favorable consideration of the Jones' request. (6) Connie Day, 3182 Tamarack Way, Mira Loma, indicated how she had come to love trains and the history surrounding them; and, how the proposed train would give children a hands-on opportunity to experience the historical environment of the City, which could result in future generations of historical preservationists. (7) Michael Eggers, 27273 Via Capri, spoke in favorofthe proposed train, noting his surprise at the Cultural Heritage Commission meeting when it had been implied that the proposed train could open up the Los Rios District to an amusement park similar to Knotts Berry Farm. He stated that the proposed train would be a small, non-polluting, quiet and welcome addition to the Historic Los Rios District, screened from view and accessed only through the Mini -Farm. (8) Bill Hardy, 26523 Calle Lorenzo, discussed the history of the railroad, mentioning the Atchison, Topeka and Santa Fe Rail Road which has been in existence for over 100 years. He felt the proposed train would be wonderful for the children. (9) William Pichler, 50 Plaza Vivienda, referred to the City's heritage and the railroad, which has always been a part of the City's history, and urged support of the proposed train. (10) William Von Henkle, 32172 Paseo Olivos, felt the proposed train would be an asset to the community. (11) Bill Angorman, 26755 Verdugo Street, stated he believed in the train, but was concerned about whether the proposed use would jeopardize the status of the historical district and its tax base. He felt there was a safety issue in regard to trucks using the street on a regular basis. He urged the City Council to consider the issues of safety and the tax base before making a final decision. (12) Lupe Green, 27092-A Paseo Burladero, indicated she had researched the issue through the Internet related to the National Historic Registry and the California Historic Registry, and had subsequently determined that there had already been some deviation with regard to the Los Rios Specific Plan's principal permitted uses. Therefore, Council would not be making an exception in approving the proposed use. (13) Stephen Rios, 31781 Los Rios, a 91h generation San Juan Capistrano native, living in the Rios Adobe next door to the Jones Family Mini Farm, discussed the changes and growth on Los Rios Street. He indicated that while he had concerns regarding expansion and future commercialization in the area, he did not feel the proposed train would negatively impact his family or other tenants. City Council Minutes -9- 08/15/00 154 Council Discussion: Council Member Swerdlin indicated that the Los Rios Specific Plan was clear that commercial uses should be auxiliary to residential uses. He cited examples wherein the commercial use was necessary to finance the preservation of an historic structure. He felt the proposed use would add to the preservation of the historic structures on the Jones Family Mini Farm. He felt the use was consistent, since the trains had been in San Juan Capistrano since 1894 and were an integral part of the community; and, the use was compatible because the impacts were minimal. Council Member Bathgate concurred, stating that the purpose of the historic commercial area was to reinforce the historic character of the area while providing economic incentives for preservation. She felt the proposed train was compatible with the City's historic heritage Council Member Hart also concurred that the proposed use was compatible and consistent. Discussion ensued regarding conditions for approval of the train. Mr. Jones clarified that the track was approximately 20' x 30', but asked for some flexibility in that dimension. He stated concurrence with the proposed conditions of approval. Approval of Appeal: It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried to approve the appeal based on Council's assumptions that: (1) the oval track be no larger than 25' by 35'; (2) the hours of operation be limited to 11 a.m. to 4 p.m.; (3) the ride be screened from view from the public street; (4) there be no artificial amplification of bells and whistles; (5) the use be accessory to the primary use and remain compatible and consistent with the area; and, (6) it was not precedent -setting and Council does not envision this type of use being expanded; if the use goes beyond the City Council assumptions it would require additional review. RECESS AND RECONVENE Council recessed at 8:30 p.m. and reconvened at 8:45 p.m. ENGINEERING AND BUILDING DIRECTOR CONSIDERATION OF INTERIM MODIFICATIONS TO THE CONDITIONS OF APPROVAL FOR SADDLEBACK VALLEY CHRISTIAN SCHOOL, 26333 OSO ROAD SAN JUAN CAPISTRANO (460.20) Written Communications: (1) Report dated August 15, 2000, from the Engineering and Building Director, advising that on August 3, 1999, a Specific Development Plan far the proposed Saddleback Valley Christian School had been approved, providing for modular classrooms to accommodate approximately 500 students. A number of off-site improvements had been required, including signalization and widening of Oso Road and Camino Capistrano to accommodate new left- and right -turn lanes, new railroad crossing signals, and participation in future intersection improvements affected by projected traffic increases. An agreement was to be City Council Minutes -10- 08/15/00 155 completed and recorded to insure installation of a 20 -foot -wide trail easement adjacent to the top of the graded slope of the future levee improvements. The Report advised that school officials had indicated that due to the time necessary to complete improvement plans and obtain approval from the railroad and other agencies, it was not possible to complete the required improvements before the start of the school year in September 2000, and had disputed the City's interpretation of the conditions of approval. A list of modified interim conditions had been developed which would allow the school to open for the Fall 2000 term. The modified conditions would require: street widening on Oso Road and the construction of right and left turn lanes on Camino Capistrano; due to safety concerns at the railroad crossing, enrollment would be limited; a Sheriff Deputy, paid for by the school, would be used during peak morning and afternoon traffic; and, an all -way stop at the intersection of Oso Road and Camino Capistrano would be required. The interim conditions would also address trail issues by requiring an agreement for a permanent 20 -foot equestrian trail, and a provision for a 10 -foot interim trail in the existing easterly levee bank. The Report recommended approval of the modified conditions. (2) Letter dated August 20, 2000, from Shea Properties, 26840 Laguna Hills Drive, Suite 100, Aliso Viejo 92656, questioning and commenting on the interim conditions of approval as they impact their adjacent property and the Fran Joswick Therapeutic Riding Center. Preliminary grading plans and street improvement plans were on display. The Engineering and Building Director made an oral presentation, describing the conditions of approval that had been placed on the school. He described the proposed interim modified conditions, particularly the Camino Capistrano and Oso Road improvements and the trail location issue, that had been recommended by staff as absolutely necessary if Council wished to allow the school to open in September 2000. He stressed that there would be a 10 -foot interim recreational trail, either benched into the easterly levee bank or at the top of the levee bank, depending on resolution of issues with the Army Corps of Engineers. Mr. Huber also advised that since it was unknown when realignment of the creek channel would take place, the proposed conditions provided that a 20 -foot permanent trail be located at the top of the eastern levee by September, 2004, consistent with the completion date for permanent school facilities. He indicated that while the suggested conditions did not set a completion date for installation of the signal at Camino Capistrano and Oso Road, installation could be required by January of 2001, noting that the lead time to complete installation could take that amount of time; further, that if circumstances outside the control of the School delayed the installation the condition could allow an extension of time upon approval by the City Council. The intent of the interim conditions was that they would all be completed prior to the Certificate of Occupancy. He emphasized that the interim modification would not relieve the school of its obligation to complete the originally required conditions of approval. City Council Minutes -11- 0$115100 156 Public Input: (1) Bruce Harbin, President of Saddleback Valley Christian School, 26333 Oso Road, advised that a flyer had been distributed stating that the school was opposed to installation of the required trail. Mr. Harbin stated that the school was not opposed to the trail and had accepted the condition requiring the 20 -foot easement on the levee and continued to agree to that condition. He stated that the school also complied with condition of approval number 23, which required a written report evaluating the impacts of an interim 10 -foot trail. He emphasized their willingness to provide the trail and noted that they had graded an access road to fulfill the requirement for the interim trail. He went on to clarify that condition number 23 implied that their required trail would lead to the City's open space; however, their property fell approximately 100 feet short of the railroad trestle and Mr. Hsiao's property was between their property and the open space. He described the school's concern regarding a permanent 20 -foot trail easement on the existing levee, noting that should the creek be realigned and the levee moved, the easement could ultimately traverse the middle of their playing fields. He emphasized that the school was trying to make the trails work while at the same time trying to make a school work. (2) Richard Hili Adams, 33532 Forster Ranch Road, spoke in support of requiring the trail and addressed the uniqueness of the City and its equestrian opportunities. He emphasized the importance of trail connections asked the City Council to require that the 20 -foot trail currently in existence, remain that same size and that all trails proposed for the school be interconnected to the entire trail system. He specifically requested that interim condition number 9 be modified to require a permanent trail no later than 12/31/2003 and that the trail be capable of being included in the San Juan trail system. (3) Ilse Byrnes, 30500 Hilltop Way, advised that the County was concerned about the 20 -foot easement and the need for its implementation, since the easement was not just an equestrian trail but also a regional non -motorized recreational trail that would also serve as an emergency corridor in the event of a disaster. She stated that the Parks, Recreation and Equestrian Commission had recommended a condition that there be no building within the 20 -foot easement. (4) Dr. Valerie McKay, 249 West Canada, San Clemente, spoke in support of the 20 -foot permanent trail and expressed concerns with the safety of those using the proposed 10 -foot -wide access road benched into the levee. She urged the City Council to be proactive in preventing any kind of accident or incident from occurring by requiring that the trail be at the top of the slope bank as was originally agreed upon. (5) Loraine Mullen -Kress, 735 Pearl Street, Laguna Beach, stated concern about the potential loss of trails, noting that she is a trail rider. She advised that access is limited to a few places where the creek can be crossed safely, and the City cannot afford to lose even one of the few existing trails. She requested that the City Council Minutes -12- 08/15/00 157 City Council do everything in their power to preserve and maintain safe and easily accessible horse trails. (6) Marcy Frolov, 28501 Via Primavera, stated that the school would be an asset to the community, but noted that the equestrian ambiance and trail system was also an asset to the community. She felt that the permanent trail to be located at the top of the existing east levee of Trabuco Creek should be established now. She felt it did not make sense to construct an interim trail in a location that might not be allowed by other agencies and that construction of the interim trail might encourage encroachment into the area where the permanent trail is to be built. She felt that should the Army Corp of Engineers relocate the levee, the trail could move with it. She also expressed concerns about the potential impact on the adjacent neighbors should the school's playing fields be lit. She further requested that the trail be properly graded at the northern end so that it would be useable. (7) Dana Butler, Executive Director of the Fran Joswick Therapeutic Riding Center, 26284 Oso Road, spoke as the neighbor most directly impacted by the Saddleback Valley Christian School, and welcomed the school to the area. She stated that the Riding Center strongly supported the short-term solutions to create occupancy for the school but also supported the requirements the City placed on safe and permanent traffic revisions. She expressed concerns in regard to the increased traffic and pedestrian flow, and mentioned the 600 horses and owners accessing Sycamore Stables, and the 180 students with disabilities accessing the Joswick Center. She strongly encouraged dialogue between the school, the Center, and the City as well as all actions necessary to provide safe access for children, residents and equestrians. Council Comments: Council Member Bathgate questioned installation of the interim bench trail on the levee and Mr. Harbin stated that the School had received a conservation easement for the slope area. The 10 -foot area was above the 100 -year flood line so there should be no problems with flooding. The only potential issue could be with California Fish & Game. Mr. Harbin further stated that it was the school's intent to co -exist with the trails and still use the eastern side of the property in order to keep the playing fields. He stated there was no existing 20 -foot easement, but the school was willing to enter into an agreement to dedicate the easement in order to prevent encroachment, and as part of the dedication, to provide that the trail would move to the top of the final levee location. He stated the school's desire to be a good neighbor, and a part of the community. Mayor Campbell declared her concern with regard to safety issues and the railroad tracks. She requested that there absolutely be no loading or unloading of passengers on the north side of Oso Road Council Member Swerdlin shared the safety concerns of the Mayor and stated support of the staff recommendation. City Council Minutes -13- 08/15/00 158 E Council Member Bathgate concurred and stated that she felt the original conditions were clear regarding requirements for the project. She stated that the signal is a top priority and felt the January 2001 completion date was appropriate. She further stated support for the staff recommendations with regard to the trails, and the 2004 date for the permanent trail was also appropriate. Council Member Hart expressed concerns that the school had agreed to the conditions placed in August, 1999. He stated the City was not trying to keep children off the site; but that this issue was before Council because the school was asking to move in before completion of those conditions that had been agreed upon. He stated he would support the staff s recommendations which would allow the school to open; but that he wanted 3 lanes on Oso Road; immediate signalization of Oso Road and Camino Capistrano; and, a 2004 deadline for the permanent buildings and the 20 -foot trail. He expressed the hope that the Council would not be asked to compromise again. He further stated that the entire community would be impacted by the traffic and safety issues and the signal should be in place by January 2001. Approval of Interim Modifications to Conditions of Approval: It was moved by Council Member Hart, seconded by Council Member Bathgate and unanimously carried to approve the interim modifications to the conditions of approval, with direction that the permanent recreation trail is to be in place by September 2004; the Oso Road/Camino Capistrano traffic signal is to be installed by January 31, 2001; and, load ingluntoading not be allowed on the north side of Oso Road. CONSIDERATION OF PROJECT ALTERNATIVES - LOS RIOS PARKING LOT (CIP NO. 125) (570.70) Written Communications: Report dated August 15, 2000, from the Director of Engineering and Building, describing three original concept locations for improvement of a parking lot and advising that subsequent to a public workshop held on July 3, 2000, a fourth alternative had been developed. Staff recommended the fourth alternative, a linear design between Los Rios Street and Paseo Adelanto, with parking restricted to the hours between dawn and dusk, landscaping and irrigation of the parking lot but not the access driveway, and a loading/unloading zone for business deliveries. A map indicating depicting the CRA -owned property - Los Rios Parking Lot was on display. The Director of Engineering and Building described the four options. Public Input (1) Michael Palmer, 31871 residence, the currently concern that any future addressed. City Council Minutes Los Rios Street, commented that from the back of his existing lights were very obtrusive. He expressed plans for lighting or modification of existing lights be -14- 08/15/00 159 (2) Gil Jones, 31791 Los Rios Street, concurred with the proposed linear design, felt that the parking lot should be as near to Los Rios Street as possible, and that there should be sufficient buffer between the lot and the Rios residence. In addition, he expressed concerns about the entrance off Paseo Adelanto not being landscaped; that there be appropriate signage, and the parking hours be enforced, stating that nighttime parking would not be appropriate. He mentioned that lights may not be necessary if the parking hours were enforced, but the aesthetic value of the area should be maintained. (3) Stephen Rios, 31781 Los Rios Street, concurred that there is a definite need for the parking lot. He spoke in favor of the linear design and asked that dawn to dusk hours be enforced with no additional lighting. He stated that he had discussed this issue with other business neighbors and asked if there could be some consideration for placard parking by the jail to accommodate guests or invitees. He encouraged siting of a linear parking lot in an area north of his property so that he would not be as impacted by the noise associated with a parking lot. He noted discussions regarding a park in the Los Rios area and suggested the possibility of siting a portion of the park parallel to his fence line. He further requested that the lot be appropriately landscaped. Council Discussion: Mayor Campbell expressed concern with the location of the parking lot and the impact on the Rios property and suggested the item be continued to allow staff time to consider inclusion of a small park. Discussion ensued and Council Member Hart discussed utilization of the area by delivery trucks; Council Member Swerdlin supported the linear design option and commented on the necessity of a buffer to the Rios property with park and picnic area, pedestrian pathway, landscaping and signage at both the entrance and throughout the parking lot. Council Member Bathgate stated support for the linear concept, together with additional landscaping near Paseo Adelanto. Mr. Huber suggested hiring of a consultant to prepare concept plans, incorporating suggestions discussed at the meeting, for future review. Consultant Services: It was moved by Council Member Hart, seconded by Council Member Bathgate and unanimously carried to direct Staff to proceed with obtaining consultant services to prepare conceptual plans based on a linear parking lot for future review by Council. The plans should address minimizing impact on the Rios property and inclusion of park area between the Rios property and parking lot, guest parking by the jail, and appropriate landscaping. Existing lighting in the area should be reviewed and any potential new lighting should minimize impacts on residents. City Council Minutes -15- 08/15/00 160 (3) CONSIDERATION OF IMPROVEMENTS TO OSO CREEK BY ORANGE COUNTY TRANSPORTATION COMMISSION (OCTA) (550.50) Written Communications: Report dated August 15, 2000, from the Director of Engineering and Building, recommending that the City Council review and comment on the repair work to Oso Creek to be performed by the OCTA and authorize an exception to Municipal Code Section 8-1.03 pertaining to working hours by delegating this authority to the City Manager. Conceptual channel designs were on display and the Director of Engineering and Building made an oral presentation, noting that OCTA had opened bids on August 9, 2000, and the low bid was $4 million, which was below the engineer's estimate. He further noted that construction should begin in August and continue until mid-November. Steve Wylie, Assistant Chief Executive Officer for OCTA introduced himself and indicated he was available for questions. Council Discussion: Council Member Bathgate asked for assurances that the velocities and volumes will not be greater than the existing flow, that the three households in the area receive adequate notification of the work, and that Crystal Cathedral Ministries and Charles Williams be advised of the improvements and potential impacts. Mr. Wylie advised that the velocities would be no greater than before. He noted that the Crystal Cathedral Ministries had been involved from the beginning and that a right -of -entry would be obtained from the Charles Williams property shortly. Approval of Exception: It was moved by Council Member Hart, seconded my Council Member Bathgate and unanimously carried to approve an exception to Municipal Code Section 8-1.03 pertaining to working hours by delegating authority to the City Manager to determine appropriate work hours in order that work may be completed prior to the rainy season. ORDINANCES - None. COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Orange County Vector Control District 560.50 Council Member Swerdiin noted that the Vector of the was is Deer Mice. City Council Minutes -16- OB/1 5/00 161 COUNCIL COMMENTS CEMETERY (270.10) Council Member Hart noted his concern that there was a need for a cemetery within the City. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hart, seconded my Council Member Swerdlin and unanimously carried to find this item was not available prior to publication of agenda and consideration was necessary at this time. Direction to Staff: It was moved by Council Member Hart, seconded my Council Member Bathgate and unanimously carried to direct staff to evaluate potential sites for the location of a cemetery within the City of San Juan Capistrano. z . EAGLE SCOUT PRESENTATION 130.40 Council Member Swerdlin noted that on August 6, 2000, he had presented a Certificate of Achievement to Michael Hester of Boy Scout Troop 724, upon obtaining rank of Eagle Scout. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:30 p.m. to the next regular meeting date of Tuesday, September 5, 2000, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, JOHNSON,CHERYL - i ATTEST: , COLL�ENE-CAMPME-LL, MAYOR City Council Minutes -17- 08/15/00