03-0902_CC_Minutes_Regular Meeting— MINUTES
September 2, 2003
SAN JUAN CAPISTRANO CITY COUNCIL -- REGULAR MEETING
CALL TO ORDER
Mayor Gelff called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:05 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Joe Soto and Mayor John S. Gelff.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Pamela Gibson, Interim City Manager; John Shaw, City Attorney;
Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; Thomas
Tomlinson, Planning Director; William M. Huber, Engineering and Building Director;
Douglas Dumhart, Principal Management Analyst; Al King, Jr., Community Services
Director; William A. Ramsey, Principal Planner; Amy Wolfe, Senior Planner; Lt. J. B.
Davis, Chief of Police Services; Eric Bauman, Water Engineering Manager; and, Eileen
White, Recording Secretary
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced the following upcoming events:
September 10, 2003, Historical Society Barbeque; September 12, 2003, Boys & Girls
Club Sunset Serenade; September 17, 2003, the season's closing San Juan Summer
Nights concert; September 20, 2003, Shea Therapeutic Barbeque; September 22, 2003,
C.A.R.E. golf tournament.
PUBLIC HEARING
1. PACFICIA SAN JUAN — (SUNCALISJD PARTNERS)
a. RESOLUTION NO. 03-09-02-02 ADOPTED CERTIFYING THE PROJECT
FINAL SUPPLEMENTAL ENVIRONMENTAL_ IMPACT REPORT,
ESTABLISHING FINDINGS OF FACT, AND ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ORDINANCE INTRODUCED
AMENDING THE FORSTER CANYON COMMPREHENSIVE DEVELOPMENT
PLAN 81-01 (460.201420.301420.40)
Council Member Bathgate recused herself from this item, due to her employer's
relationship to the applicant, and left the chamber.
09-02-2003
Project Description: The applicant requested to a) amend the Forster Canyon
Comprehensive Development Pian to modify existing development and zoning
standards and allow the development of 416 residential dwelling units within the
Pacifica San Juan portion of the Planned Community, and b) approve Vesting
Tentative Tract Map (VTTM) 156093. Modifications include the land use re -
designations of certain parcels; amendments to permit the establishment of two
recreational vehicle storage areas within the General Open Space (GOS); an
amendment to the street design to permit monolithic curb/sidewalks within two
residential parcels, and the additional of residential design guidelines. Staff
recommends the Council approve the Forster Canyon Comprehensive
Development Plan Amendment, adopt the draft resolution certifying the Final
Supplemental Environmental Impact Report, and approve Vesting Tentative
Tract Map (VTTM) 156093.
Written Communications: Report dated September 2, 2003, By Thomas
Tomlinson, Planning Director.
Letter dated September 2, 2003, from Ronald Freeman, Vice President, SJD
Partners, requesting modifications to certain conditions of approval.
Presentation: Amy Wolfe, Senior Planner, provided a detail review of staff report
and proposed project.
William Huber, Engineering and Building Director, addressed traffic issues and
discussed the applicant's request to pay in -lieu fees instead of implementing
short-term improvements to intersections where the project's impacts are minimal
and the City intends to rebuild the intersection in the future.
Rose Mamaghani, of impact Sciences, environmental consultant to the City,
discussed the results of the Supplemental Environmental Impact Report (SEIR).
Larry Lazar, project manager for Suncal, provided a brief overview of the project
and narrated a slide presentation featuring the project design, grading and
landscaping concepts. He described the proposed architectural styles and design
elements and discussed the project benefits.
Rich Barretto, Traffic Engineer representing the applicant, discussed the traffic
impacts associated with the project and summarized recommended mitigation
measures and traffic improvements.
Ronald Freeman, Vice President SJD Partners, discussed the requested
modifications to the conditions of approval as outlined in his letter addressed to
the Council.
Mayor Gelff opened the Public Hearing.
09-02-2003
Dolf Keller, City resident, was concerned about the lack of project phasing
potential traffic problems, and requested the Council require the completion of
Road A before issuing permits.
Raul Miranda, expressed concern about density and traffic, noise, and air
pollution impacts.
Luis Rodriguez, City resident, was concerned about open space maintenance
protection of the McCracken Hill access road and asked to be involved in the
development of the project's Covenants, Conditions, and Restrictions (CC&RS).
Parviz A. Azar, City resident, distributed copies of a letter he sent to Suncal
regarding slope failure and geotechnical issues with Lot J and suggested the
applicant be required to create an additional access road to Vista Park.
Sharon Cheever, City resident, requested phasing of mitigation measures and
access to McCracken Hill during construction.
Marilyn Man, City resident, presented a petition from Meredith Canyon residents
asking for a reduction in homes to 350 and the extension of La Novia.
Larry Gallery, City resident, was concerned with traffic impacts associated with
development in Zone 9 and 10 and asked that the stockpiled soil be addressed.
Jeff Morgan, City resident, asked for a decrease in units and is concerned about
traffic.
Mark Nielson, was concerned with project density, traffic impacts and
geotechnical issues.
Richard Hill Adams, City resident, requested construction of a secondary access
road to McCracken Hills before repair of the main; northern portion lots remain
equestrian; and "A" street and the extension of Valle Road to La Novia be
completed within 18 months.
Ginger Azar, City resident, discussed ownership of a recorded access easement
associated with the project area and the applicant's proposal to construct a trail
nearby.
Mayor Gelff closed the Public Hearing.
Council Comment:
Council Members discussed the proposal and reached concurrence on issues
related to recreational vehicle parking location and design; an approach to
3 09-02-2003
project affordable housing requirements; configuration of "O" Street; a staff
recommendation concerning trail construction; payment of Fair Share fees in lieu
of improvements; and deletion of an 18 -month requirements for construction of
"A" Street.
Council Member Swerdlin opposed accepting in -lieu fees for affordable housing.
John Shaw, City Attorney, recommended that the Council approve the Resolution
certifying the environmental documentation and approve first reading of the
Ordinance, with staff returning to Council with a revised resolution approving the
Vesting Tentative Tract Map when the second reading of the ordinance is
scheduled.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin, and carried unanimously, 4-0, to adopt Resolution no. 03-09-02-02,
entitled "A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO
CERTIFYING THE SUPPLEMENTAL IMPACT REPORT (SEIR) FOR PACIFICA
SAN JUAN AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR (RZ) 02-03 AND VESTING TENTATIVE TRACT MAP
(VTTM) 15609 (PACIFICA SAN JUAN)."
Meg Monahan, City Clerk, read the title of the Ordinance entitled "ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
REZONE (RZ)02-03 AMENDING THE FORSTER CANYON PLANNED
COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN (CDP 81-01)
ADOPTED BY ORDINANCE 418 AND SUBSEQUENTLY AMENDED BY
ORDINANCE 446, 696, 809, AND 711 (PACIFICA SAN JUAN)."
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hart and carried unanimously, 4-0, to approve introduction and first reading of
the Ordinance amending Forster Canyon Comprehensive Development Plan
(CDP) 81-01 removing Condition L-15 in its entirety and adding a Zoning
Condition related to a final housing opportunities program, as read by the City
Attorney.
b. WATER FACILITIES AGREEMENT BETWEEN CITY AND SJD PARTNERS
APPROVED (600.70).
Council Member Bathgate recused herself from this item, due to her employer's
relationship with the applicant, and left the chamber.
Pro'ect Description: SJD Partners is required to construct certain off-site and on-
site water facilities needed to service the Pacifica San Juan project, including a
reservoir facility. The agreement sets forth conditions related to the scope of
project work, timing, surety bond and security, cost sharing, land banking, and
4 09-02-2003
miscellaneous provisions. Staff recommends approval of the Water Facilities
Agreement.
Written Communication: Report dated September 2, 2003, by John R. Shaw,
City Attorney.
Presentation: John R. Shaw, City Attorney, summarized the staff report; and
noted a revision to the agreement. Eric Bauman, Water Engineering Manager,
provided the technical description of the revision to the agreement, related to the
developer's share of the 16" water main from the 760S Reservoir
Mayor Gelff opened the Public Hearing and there being no public comment,
closed the Public Hearing.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Soto, and unanimously carried, 4-0 to approve the proposed Water Facilities
Agreement between City and SJD Partners, with revision to agreement Page 2,
Section 1.A.1.d., revised to read, "The 16" water main from the 760 Reservoir to
the east end of Calle Del Gato - Developer's share 32.7%."
2. RESOLUTION NO. 03-09-02-03 ADOPTED APPROVING A 5% WATER RATE
INCREASE EFFECTIVE SEPTEMBER 3, 2003 (1050.20)
Project Description: This is a proposal to a) increase the water rates 5% to offset
the increase in the volume of imported water due to lower well production than
originally projected, and b) continue all other rate increases in future years as
previously approved. Staff recommends the Council approve the staff
recommendation.
Written Communications: Staff report dated September 2, 2003, by Cynthia L.
Russell, Administrative Services Director.
Letter from P.J. Douglas, stating his opposition to the water rate increase.
Presentation: Cynthia L. Russell, Administrative Services Director, presented the
staff report.
Mayor Gelff opened the Public Hearing and there being no response, closed the
Public Hearing.
Council Comment: Council Member Swerdlin felt that water planning over the
years has not been adequate and that new solutions must be found to increase
water production.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Bathgate and carried 4-1, with Council Member Swerdlin opposing, to adopt
5 09-02-2003
Resolution No. 03-09-02-03, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE
SCHEDULE OF RATES AND CHARGES FOR INCREASES TO THE
COMMODITY (USER) AND SERVICE CHARGES."
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBER:
Hart, Soto, Bathgate, and Mayor Gelff
Swerdlin
None
3. ORDINANCE AMENDING COMPREHENSIVE DEVELOPMENT PLAN 78-01,
ORTEGA PLANNED COMMUNITY RELATED TO CLASSIFYING
EDUCATIONAL USES AS CONDITIONAL USES (ST. MARGARET'S
EPISCOPAL SCHOOL)(460.20)
Project Description: This is a proposed amendment to the Ortega Center
Comprehensive Development Plan (CDP 78-01), classifying "private school use"
as a conditional use, replacing the current designation as a principal permitted
use, and giving the City the authority to establish a maximum student enrollment.
Staff recommends the Council approve the first reading and introduction of the
Ordinance amending Comprehensive Development Plan 78-01.
Written Communications: Report dated September 2, 2003, by Thomas
Tomlinson, Planning Director.
Presentation: William A. Ramsey, Principal Planner, presented the staff report.
Mayor Gelff opened the Public Hearing and there being no response, closed the
Public Hearing.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING COMPREHENSIVE DEVELOPMENT PLAN 78-01, ORTEGA
PLANNED COMMUNITY BY CLASSIFYING 'EDUCATIONAL USES, PUBLIC
OR PRIVATE, INCLUDING ELEMENTARY, INTERMEDIATE, AND HIGH
SCHOOLS, CHILD DAY CARE CENTERS, PRESCHOOLS, AND NURSERY
SCHOOLS` AS A CONDITIONAL USE."
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin, and carried unanimously, 5-0, to approve introduction and first reading
of the Ordinance amending Comprehensive Development Plan 78-01, classifying
" educational uses" as a conditional uses in Planning Sector D.
09-02-2003
- RECESS AND RECONVENE
Council recessed at 10:37 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 10:48 p.m.
COUNCILMANIC ITEMS
1. ORAL REPORTS
Council Member Swerdlin announced that the Orange County Vector Control,
Vector of the Month, is human -lice.
ORAL COMMUNICATIONS
Richard Hill Adams, City resident, representing Capistrano Animal Rescue (CARE),
requested that Council consider approving discharge of a firearm on September 22,
2003, at 11:00 a.m., to begin the C.A.R.E. "shot gun" golf tournament.
Council Action: 415 vote to add item to agenda due to time constraints: Moved by
Council Member Hart, seconded by Council Member Bathgate, and carried
unanimously, 5-0, to add consideration of one round discharge of a firearm on
September 22, 2003 to begin the C.A.R.E golf tournament, to the agenda.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and
unanimously carried to approve one round discharge of a firearm on September 22,
2003, to begin the C.A.R.E. golf tournament event at 11:00 a.m., at the San Juan Hills
Golf Course.
ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 10:48 p.m. to a
regular meeting, Tuesday, September 16, 2003, at 5:30 p.m. for Closed Session and
7:00 p.m. for the Public Business Session in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
Approded: October 7, 2003
ATTE
J M S. , MAYOR
09-02-2003