97-0204_CC_Minutes_Regular Meeting057
FEBRUARY 4, 1997
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 Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Mayor David M. Swerdlin.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr.,
Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording
Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS- PRESENTATIONS, AND DONATIONS
PRESENTATION TO CITY ATTORNEY, RICHARD K. DE TER
Wr�n Co_ni uni a t� ions:
Report dated February 4, 1997, from the Council Services Administrator.
Mayor Swerdlin and Council Member Jones presented a framed Resolution of Appreciation
and City badge, respectively, to Richard K. Denhalter, who submitted his resignation effective
February 28, 1997, in recognition of his five years of service as City Attorney. The Council
Members extended their best wishes to Mr. Denhalter in his new position with the County of
San Diego and expressed appreciation for his integrity and contributions to the City.
2. INTRODUCTION OF COMMISSIONERS P&ESENT AT MEETING (,110.101
Council Member Greiner introduced the following Commission representatives in attendance:
Bill Sonka, Ed Johnson, and Sheldon Cohen (Planning Commission), Pauline Leonard (Parks,
Recreation, and Equestrian Commission), Bill Hardy and Don Tryon (Cultural Heritage
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058
Commission), Janice Palermo, JoAnn deGuevara, and Jessica Dean (Housing Advisory
Committee), Tom Facon (Chamber of Commerce), and At Simmons (seniors liaison to the
City).
Council Member Greiner also noted that Boy Scout Troop No. 973 was in attendance to
satisfy a requirement of the Citizenship and Community Merit badge.
ACKNOWLEDGEMENT OF DONATI0—N-S (15D.10
Mayor Swerdlin expressed appreciation for the following donations made to the City:
Photography services for the covers of the Community Services Department quarterly
brochures by Tom Baker of Baker Photography, a cash donation to the Youth Scholarship
Fund by Edgard Mansoor of Mansoor's Imports, a cash donation to the 1997 Fourth of July
Celebration by Lucy Case and Bill Hill of Mission Realtors, and dry cleaning services for two
Santa suits by Ik Jin Lee of Town and Country One -Hour Cleaners.
ORAL COMMUNICATIQNS
(CITY COUNCI LCOMMUNITY REDEVELOPMENT AGENCY)
None.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Campbell, 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 Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
APPROVAL OF CITY COUNCIL MNl JTES - REGULAR MEETING OF
JANUARY 7. 1997
The Minutes of the Regular Meeting of January 7, 1997, were approved as submitted.
2. RECEIVE AND FILE WARRANTS OF JANUARY 15, 1997 300.30
The List of Demands dated January 15, 1997, in the total amount of $488,950.25 was
received and filed.
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3, RECEIVE AND FILE CASH BALANCES BY FUND FOR NQVEMBER 1996
(330,50)
The City Treasurer's Report of Cash Fund Balances for the month of November 1996 in the
total amount of $224,812.77 was received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR DECEMBER 1996
(330,50)
The City Treasurer's Report of Cash Fund Balances for the month of December 1996 in the
total amount of $341,082.97 was received and filed.
RESOLUTION ACCEPTING WORK OF "OPROVEMENTS. AUTHORIZING
RELEASE OF BONDS_ AND FILING NOTICE OF COMPLETION - TRACTS
12423 AND 122
2 (GLENDALE FEDERAL.)600.30,)
As set forth in the Report dated February 4, 1997, from the Engineering and Building
Director, the following Resolution was adopted accepting the public street improvements
within Tracts 12423 and 12262 and releasing the corresponding bonds:
SOLUTION NQ 97-2-4-1, COMPLETION OF PUBLIC STREET
IMPROVEMENTS RELEASE OF BOND_ TRACTS 12262 AND 12423,
CrLENf ED DE---QRtIrT(:�QRATI(,�N - 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 STREET IMPROVEMENTS WITHIN TRACTS 12262 AND
12423 AND AUTHORIZING RELEASE OF BONDS (GLENFED
DEVELOPMENT CORPORATION)
The Resolution accepted a compensatory amount of $18,5 85.86 from Glenfed for previous
and anticipated public street repair work in the subject tracts. Staff was authorized to release
the corresponding public street improvement bonds, and the City Clerk was directed to file
the Notice of Completion with the County Recorder.
6. DEAL OF CLAIM - DAMAGES (RADTKE)(170.10)
The Claim for Damages filed by Michelle J. Radtke was denied in its entirety, as set forth in
the Report dated February 4, 1997, from the City Attorney,
7. APPROVAL OF RENEWAL OF LEASE AGREE NT - HARRISON
FARMHOUSE (CAPISTRANO INDIAN COi TNCRJ (600_20)
As set forth in the Report dated February 4, 1997, from the Administrative Services Director,
the renewal of the Lease Agreement with the Capistrano Indian Council was approved for the
operation and maintenance of the Harrison Farmhouse, located at 27832 Ortega Highway,
City Council Minutes -3- 214!97
for a one-year period ending February 4, 1998, at a cost of $1.00 per year. The Mayor was
authorized to execute the Agreement on behalf of the City.
NTINUATION OF RESOLUTION APPROVING AGREEMENT AND OFFER
FOR EXCHANGE OF EASEMENTS - RECREATIONAL TRAIL EASEMENT S
AND FIREBREAK AND GAS HEADER LINE EASEMENTS. PRIMA
DESHECHA LANDFILL/INTEGRATED WASTE MANAGEMENT
DEPARTMENT COUNTY OF ORANGE) (670,50/600.50)
Written Communications:
(1) Report dated February 4, 1997, forwarding an agreement to grant easements to the
County within the Glendale Federal Open Space land for installation of a gas header
line system and for maintenance of an existing firebreak/access road and to grant to
the City recreational trail easements along the periphery of the landfill.
(2) Memorandum dated January 31, 1997, from the Engineering and Building Director,
forwarding a modified recommendation of approval based upon written response from
the Integrated Waste Management that the gas header line posed minimal risk to the
City.
With the consensus of Council, Mayor Swerdlin directed that this item be continued to the
meeting of February 18, 1997,
PUBLIC HEARING
TENTATIVE PARCEL MAP 96-159 TO SUBDIVIDE PROPERTY LOCATED AT
27000 ORTEGA HIGHWAY (FORMER TINY NAYLOR' SITE) INTO THREE
PARCELS (SCHWARTZ) (4�OZ(CONTEI UED FROM JANUARY 7.199D
Proposal:
Consideration of a request to subdivide a 1.5 -acre parcel located at 27000 Ortega Highway
into three parcels to provide a common parcel for parking and a parcel each for a Del Taco
and a Burger King restaurant. The public hearing was continued from the meeting of
January 7, 1997, to allow the applicant time to consider a new condition recommended by
staff with regard to potential traffic improvements on Del Obispo Street.
M12lican :
S. Alan Schwartz, 1088 Irvine Blvd., Tustin, CA 92680
Written Communications:
(1) Report dated February 4, 1997, from the Planning Director, recommending that the
public hearing be continued to the meeting of March 4, 1997, to allow additional time
for staff and the applicant to reach a consensus on revised language regarding
potential public improvements on Del Obispo Street.
(2) Letter dated January 21, 1997, from Thomas G. Merrell, AICP, requesting that the
public hearing be continued to the meeting of March 4, 1997, to allow the applicant
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additional time to consider the condition recommended by staff with regard to
potential traffic improvements on Del Obispo Street.
Continuation of Hraring:
Notice having been given as required by law, Mayor Swerdlin reopened the Public Hearing,
and there being no response, with the consensus of the Council, directed that the public
hearing be continued to the meeting of March 4, 1997, at the request of the applicant.
2. RESQLUTION
ACCEPTING
A PORTIQN OF.
AND
VACATING THE
REMAINDER
OF.
AN IRREVOCABLE OFFER
FOR
PUBLIC STREET
PURPOSES
- LOT
A. DIVISION OF LAND 75-3
(SPAULDING)(924.44I
Proposal:
Consideration of a request by Richard Spaulding to vacate a portion of an Irrevocable Offer
for Public Street Purposes for Lot A, Division of Land 75-3, as initiated by Council on
January 7. 1997.
ApplicantTrop erty- Qwner:
Richard Spaulding
31611 Sacarama Lane
San Juan Capistrano, CA 92675
Property Owner:
Steven Baileys
3 0691 Hunt Club Drive
San Juan Capistrano, CA 92675
Written Commaic,gions:
(1) Report dated February 4, 1997, from the Engineering and Building Director,
recommending that the City accept a portion of, and vacate the remainder of, the
subject Irrevocable Offer.
(2) Memorandum dated January 31, 1997, from the Engineering and Building Director,
advising that the public road easement within the Lingo and White properties was still
in effect and could be vacated once Dr. White's litigation with the Evita Lane
Association is resolved and the City receives an engineered easement describing the
western portion of the roadway.
(3) Memorandum dated February 4, 1997, from R. Anthony Foster, Engineering
Assistant, forwarding a revised Resolution and advising that a portion of the subject
easement had been sold and the Irrevocable Offer must now be accepted from Steven
Baileys, the new owner, and the remaining portions of the unaccepted Irrevocable
Offer vacated to both property owners.
Mr. Huber made an oral presentation, advising that it was his understanding that Steven
Baileys had concurred with the proposed vacation, however, the easement documents would
not be recorded until Mr. Baileys signed his portion of the subject Irrevocable Offer,
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
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(1) The applicant, Richard Spaulding, spoke in support of the recommended action and
expressed appreciation to City staff for their efforts.
There being no further input, the hearing was closed with the right to reopen at any time.
Adoption of Resolution Accepting a Portion of. and Vacating the Remainder of. an
Irrevocable Offer:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-2 ACCEPTING A PORTION OF, AND
VACATING THE REMAINDER F AN IRRE OCABLE OFFER OF
DEDICATION FOR PUBLIC STREET PURPOSES. DIVISION OF LAND
75-3. (SPAULDINGIBAILEYS1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A PORTION OF, AND VACATING THE REMAINDER OF,
AN IRREVOCABLE OFFER FOR PUBLIC STREET PURPOSES WITHIN
LOT A, AND ADJACENT TO PARCEL 3, OF DIVISION OF LAND 75-3,
RECORDED IN BOOK 73, PAGES 14 AND 15; MODIFIED BY LOT
LINE ADJUSTMENT 96-318-06, RECORDED AS DOCUMENT NO.
97-51729 (SPAULDINGBAILEYS)
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
The Mayor was authorized to execute the Vacation Deed, and the City Clerk was directed
to record the Deed and Resolution with the County Recorder upon receipt of Mr. Baileys'
signature on the Irrevocable Offer.
RESOLUTION VACATING A RECREATIONAL TRAIL, ARCHITECTURAL
CONTROL 88-5 - CREEKSIDE EQUESTRIAN CENTER (GATES) (670.54
Proposal:
Consideration of a request by Diana L. Gates, owner of the Creekside Equestrian Center,
28801 San Juan Creek Road, for the City to vacate the unimproved 20 -foot wide trail
easement on her property, located approximately 50 feet west of the property's main entry
and continuing north to the San Juan Creek creekbed. The proposed vacation was initiated
by Council on January 7, 1997.
Applicant:
Diana L. Gates, 28801 San Juan Creek Road, San Juan Capistrano, CA 92675
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Written Communication:
Report dated February 4, 1997, from the Engineering and Building Director, recommending
that the subject trail easement be vacated.
A site plan was on display, and Mr. Huber made an oral presentation. He noted there was a
companion item on the matter agendized for later in the meeting to accept a revised trail
easement and land use restriction which were conditions placed on the approval of the
easement vacation.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
(1) Jeff Hodson, 28751 Calle Posada, noted that his property faces the Creekside
Equestrian Center. He questioned who would benefit from vacating the easement and
whether the requirement for additional trail dedication resulted in an equal exchange
of land. He noted his enjoyment of the equestrian use and stated his desire for
assurance that the environment would be preserved. He presented the Homeowners
Association concern with horses accessing and soiling the pedestrian/bike path instead
of using the equestrian trail and their hope for assistance from the City in remedying
the problem.
Mayor Swerdlin indicated that potential uses for the property could not be addressed at this
time but assured that the City Council would protect the rights of both the property owner
and the community when reviewing any new use.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Counf,il Discussion:
Council Member Greiner suggested that signs be posted along the pedestrian/bike trail
prohibiting horses from using the asphalt portions of the trail. Council Member Hart agreed
with the posting of signs but felt that additional enforcement was needed, including keeping
ATV's off the trails.
Adoption of Resolulion Approving V�.cation of Trail Easement:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-3_ VACATING A CREATIONAL TRAIL
EASEMENT - CREEKSIDE EQUESTRIAN CENTER/GATES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE VACATION OF A
20 -FOOT -WIDE GENERAL PLAN RECREATIONAL
(HIKING/EQUESTRIAN) TRAIL WITHIN ARCHITECTURAL.
CONTROL 88-5, CREEKSIDE EQUESTRIAN CENTER/GATES
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064
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
The Mayor was authorized to execute the Vacation Deed, and the City Clerk was directed
to record the Deed with the County Recorder, subject to the City Council's acceptance of the
revised trail easement and Land Use Restriction. Staff was directed to post signs along the
pedestrian/bike trail prohibiting equestrian access.
4. REZONE 96-04 AND VESTING TENTATIVE TRACT MAP 15301 - PROPERTY
LOCATED AT THE SOUTHEAST CORNER QF CAMINO DEL AVION AND
DEL OBISPO STREET (FORSTER/ KATHRYN G. THOMPSON
CONSTRUCTION COMPANY) (460.20/420.401
Proposal:
Consideration of 1) a proposed rezone from Single Family Residential (RS) to Planned
Development (PD) for the construction of 39 homes on a 4.3 -acre parcel located at the
southeast comer of Camino del Avion and Del Obispo Street; and 2) a Tentative Tract Map
to subdivide the project into 39 residential lots ranging in area from 2,767 square feet to
6,457 square feet, including three lettered lots for construction of 13 off-street guest parking
stalls.
Aj2n lican_t:
Kathryn G. Thompson Construction Co
19700 Fairchild Road, Suite 170
Irvine, CA 92612
Properly Owner:
John C. Forster
4321 Exultant Drive
Rancho Palos Verdes, CA 90274
Written Communications:
(1) Report dated February 4, 1997, from the Planning Director, recommending that both
the proposed Rezone and Tentative Tract Map be approved based on the consistency
of findings with regard to the Rezone, subject to numerous conditions of approval and
mitigation measures. The Report summarized the discussions and recommendations
made by the Planning Commission at their meeting of January 14, 1997.
(2) Letter dated January 30, 1997, from Gill and Joy Patterson, 26021 Avenida Cabrillo,
expressing concern regarding the possible loss of the historic Forster house.
(3) Letter dated January 22, 1997, from Anita M. Forster, 25642 Camino del Avion,
requesting that the City raise the height of the wall bordering Del Obispo Street and
Camino Del Avion to 6 feet, as promised by the Director of Engineering and Building
in 1985, to mitigate liability concerns.
City Council Minutes -8- 7!4l97
065
Mr. Tomlinson made an oral presentation. Street scene drawings, computer renderings,
elevations, site plan, landscape plan, and floor plans were on display. He advised that the
Planning Commission concurred with the staff recommendation to grant an exception to the
Municipal Code requirement to provide one RV parking space for every seven homes because
the project intends to prohibit RV parking within the development. He noted the receipt of
letters from residents expressing concerns about the project which were included in the Staff
Report and made part of the record.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following persons responded:
(1) The applicant, Kathryn Thompson, spoke about the intent of the project and their
work to date. She urged City Council support of the project and expressed
appreciation to staff for their cooperation.
(2) The project architect, Art Danielian of Danielian Associates, explained that the
project's architectural theme was intended to reflect the history and Victorian theme
of the nearby Forster house. He reviewed the site plan and expressed appreciation to
the Planning Commission and the Design Review Committee for their input and
cooperation.
(3) Larry Culbertson, 32882 Avenida Del Rosal, opposed this project because of its high
density, noting that the Planning Commission and the Design Review Committee also
preferred a lower density for the site despite recommending approval. He felt that the
project's General Plan designation of 1.6 high density residential was a mistake,
noting that the proposed density of 9.1 dwelling units per acre was higher than the 8.9
density for the adjacent Harbor Lane Homes development without the amenities in
Harbor Lane, e.g. swimming pool, volleyball area, sidewalks on both sides of the
streets, and RV storage lot. He expressed concern that crowding as many residential
units as possible onto a parcel to maximize a site could become a trend in the City.
(4) Phillip Schwartze, speaking on behalf of Anita Forster, noted Mrs. Forster's letter and
indicated that they would work with staff during the processing of this application to
address her request to have the City increase the height of the existing wall
surrounding her property to provide additional screening.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Inroductign of Ordinance Approving Rezone 96-04:
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 Jones, seconded
by Council Member Campbell, that the following Ordinance be introduced:
City Council Minutem -9- 2/4/97
M
APPROVING REZONE 96-4. SPECIFIC DEVELOPMENT PLAN 96-2,.
KATHRYN G. THOMPSON CONSTRUCTION _COMPANYIJOHN C.
FORSTERI - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 964, ADOPTING
SPECIFIC PLAN 96-2 FOR A 39 -UNIT RESIDENTIAL DEVELOPMENT
TO BE LOCATED AT THE SOUTHEAST CORNER OF CAMINO DEL
AVION AND DEL OBISPO STREET (KATHRYN G. THOMPSON
CONSTRUCTION COMPANY/JOHN C. FORSTER)
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Conditionally Approving Vesting Tentative Tract Map
15301:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-4, APPROVING VESTING TENTATIVE
TRACT MAP 15301 (FORSTER/THOMPSON� - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING VESTING TENTATIVE TRACT 15301; A
39 -HOME DEVELOPMENT LOCATED AT 25232 CAMINO DEL AVION
(KATHRYN G. THOMPSON CONSTRUCTION COMPANY/JOHN C.
FORSTER)
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 5:10 p.m. and reconvened at 8:20 p.m.
city Council Minutes
2/V97
5, REQUEST FOR WAIVER OF TENTATIVE PEL MAP 96-141 FOR
PROPERTY LOCATED AT THE NORTHEASTERN CORNER OF CANIINO
_CAPISTRANO AND JUMPERO SERRRA ROAD (SHELL OIL CQMPANY)
420.70
Proposal:
Consideration of a request by Shell Oil Products Company to 1) waive the processing of a
Tentative Parcel Map, and 2) file a Final Parcel Map to subdivide the 9.5 -acre parcel, located
at the northeastern corner of Camino Capistrano and Junipero Serra Road, into two parcels
of 9 acres and .5 acres to facilitate the purchase of the smaller parcel.
Applicant:
Shell Oil Products Company, Attn: Mr. Jeff Holland, P.O. Box 25370, Santa Ana, CA 92799
Written Communis t� ion:
Report dated February 4, 1997, from the Planning Director, recommending that the
processing of a Tentative Parcel Map be waived and the applicant be permitted to file a Final
Parcel Map for this property based on the fact that the Shell site is already developed and no
additional improvements are proposed.
Mr. Tomlinson made an oral presentation.
Public Hearin:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following person responded:
(1) Larry Walker of Tait & Associates, Inc., the engineering firm for the project,
indicated he was present to answer any questions.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Adoption o esolut�n Aroving_Waiver of To Paru1 Map 96-141 and
Permitting the Filing of a _ final PArcel Mme:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-5. CERTIFYING THE WAIVER OF
TENTATIVE PARCEL MAP 96-141 (SHELL = - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING A WAIVER OF MAP PROCESSING FOR
TENTATIVE PARCEL MAP (TPM) 96-141 AND PERMITTING THE
FILING OF A FINAL PARCEL MAP (SHELL OIL)
The motion carried by the following vote:
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AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:22 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:30 p.m. as the City Council.
ADMINI TRATB E ITEMS
CITY MANAGER
PARKING TIlbIE RESTRICTIONS FOR ORTEGA HIGHWAY. FORSTER,.
YORBA_AND EL CAMINO REAL STREETS, AND THE MITCHELL PARKING
LOT 570.30
Written Communication:
Report dated February 4, 1997, from Douglas Dumhart, Management Analyst II,
recommending the following parking restrictions for the downtown area:
(1) A three-hour time restriction for parking from 7:00 a.m. to 6:00 p.m. and "no
parking" from 3:00 a.m. to 5:00 a.m. for the Mitchell lot located at 31857 El Camino
Real to accommodate downtown employee and visitor parking;
(2) A three-hour time restriction for parking from 7:00 a.m. to 6:00 p.m. on portions of
El Camino Real, Yorba Street, Forster Street, and Ortega Highway;
(3) "No parking anytime" zones on portions of El Camino Real, Yorba Street, Forster
Street, and Ortega Highway; and
(4) Removal of existing "No stopping," "No stopping - tow away," and "No parking"
zones at various locations on El Camino Real, Yorba Street, Forster Street, and
Ortega Highway.
Mr. Scarborough made an oral presentation, noting that the staff recommendation differed
from that of the Transportation Commission.
Adotion of Resolution Establishing Three -Hour Parking at the Mitchell Lot:
It was moved by Council Member Jones, seconded by Council Member Greiner, that the
following Resolution be adopted:
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RESOLUTION NO, 97-2-4-6. ESTABLISHING THREE-HOUR TIME
LIlAHEM PARKING AND TOW -AWAY ZONE - MITUHELL PING
LOT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "THREE-HOUR
PARKING ONLY, 7:00 A.M. TO 6:00 P.M." AND "NO PARKING 3:00
A.M. TO 5:00 A.M., TOW -AWAY ZONE" IN THE ENTIRE MITCHELL
PARKING LOT AT 31857 EL CAMINO REAL AND RESCINDING
RESOLUTION NO. 97-1-7-7
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Establishing Three -Hour Parking on El Camino Real, Yorba
Street. Forster Street; ard-OrtegaI1^ itxhway:
It was moved by Council Member Jones, seconded by Council Member Greiner, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-7. ESTABLISHING "THREE-HOUR
PARKING - EL CAMINO _REAL, YMA STREET, FORSTER STREET,
AND ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "THREE-HOUR PARKING - 7:00 A.M. TO 6:00 P.M."
ON EL CAMINO REAL, YORBA STREET, FORSTER STREET, AND
ORTEGA HIGHWAY.
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Establishing "Na„ Parking Anvtim!�" Zones on El Camino
Real, Y rba S Forster Street, and OnegaHighway:
It was moved by Council Member Jones, seconded by Council Member Greiner, that the
following Resolution be adopted:
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070
RESOLUTION NO. 97-2-4-8. ESTABLISHING_"NO_PARKING ANY
TIME" ZONE - EL CAMINO REAL, YORBA STREET, FORSTER
STREET, AND ORTEGA HIGHWAY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANY TIME" ZONES ON EL CAMINO
REAL, YORBA STREET, FORSTER STREET, AND ORTEGA
HIGHWAY
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
Adoption of Resolution Removing No Stopping- and No Parking Zones on El Camino
Real Yorbil Street. Forster Street, =d Qrtega Hi hw :
It was moved by Council Member Jones, seconded by Council Member Greiner, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-9. REMOVAL OF EXISTING "NO
STOPPING." "NO STOPPING - TOW AWAY_" AND "NO PARKING"
ZONES AT VARIOUS LOCATIONS ON EL CAMINO REAL, YORBA
STREET. FORSTER STREET. AND ORTEGA __HIGHWAY - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REMOVING EXISTING "NO
STOPPING," "NO STOPPING - TOW AWAY," AND "NO PARKING"
ZONES AT VARIOUS LOCATIONS ON EL CAMINO REAL, YORBA
STREET, FORSTER STREET, AND ORTEGA HIGHWAY
The motion carried by the following vote:
City Council Minutes
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
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071
PLANNING DIRE T R
1, APPEAL OF THE ENVIRONMENTAL ADMINISTRATOR'S DECISION
ISSUING A MITIGATED NEGATIVE DECLARATION FOR PROPERTY
LOCATED ALQNG THE EAST SIDE OE RANCHO VIEJO ROAD AND SOUTH
OF THE CITY LIMITS - REZONE 96-01, ARCHITECTURAL CONTROL 96-06
(RESCO/C ISTRANO GATEWAY) (410.60/460.20)
Written Communication.:
Report dated February 4, 1997, from the Planning Director, recommending that the decision
of the Environmental Administrator to issue a Mitigated Negative Declaration for Rezone 96-
01 and Architectural Control 96-06 be affirmed. The rezone and architectural control would
1) amend the Specific Development Plan, 2) allow the development of a church/preschool on
a 11.52 -acre parcel, and 3) establish a mass grading plan for a 2.3 -acre portion of property
located along the east side of Rancho Viejo Road and south of the City limits. The appellant
based his appeal on the following main points: 1) the environmental impacts from the project
cannot be adequately defined because the project is undefined and information is incomplete;
2) the proposed mitigation measures surrender the community's rights and the applicant's
responsibility under CEQA, 3) there is insufficient analysis with regard to grading, traffic,
noise, glare, community compatibility, and landscaping, and 4) the mitigation measures are
inadequate to protect the community from the project's impacts.
William Ramsey, AICP, Senior Planner/Project Manager, made an oral presentation,
explaining the City's procedures pursuant to the California Environmental Quality Act
Guidelines and the opportunity for public participation. He summarized the four main points
for the appeal and the staff response. He stated that the letter dated and faxed to the City on
December 10, 1996, from appellant Robert King, expressing concerns about the project, had
not been received prior to review of this item at the Environmental Administrator's meeting
on the same date.
Annllant's Comments:
Bob King, 29422 Spotted Bull Way, President of Save Our San Juan, indicated he spoke on
behalf of Save Our San Juan and residents of Spotted Bull, Country Hills, and Village San
Juan. He submitted a letter dated February 4, 1997, from the Village San Juan Homeowners
Association in support of the appeal. He made the following comments:
(1) The City Council should uphold the appeal based on the applicant failing to fulfill a
fundamental requirement of CEQA to provide a specific project description to ensure
compatibility with the surrounding neighborhoods. Impacts cannot be adequately
analyzed since the project is too loosely defined and a specific use for large portion
of the project is not defined. The proposed church/preschool use is acceptable as long
as the project is more clearly defined and limited to be compatible with the
surrounding neighborhoods. There are no restrictions proposed for outdoor activity
at the proposed preschool.
(2) Traffic impacts from the proposed church/preschool needed to be addressed since the
use would exacerbate the existing traffic problems that resulted from freeway and
City Council Minutes -15- 2/4/97
072
Corridor improvements. The existing poor circulation pattern has resulted in part
from the regulation of the traffic signal to benefit the City of Mission Viejo. Another
traffic signal needs to be considered for installation by the applicant.
(3) The proposed project will preclude any noise attenuation measures from being
completed in the area to mitigate existing noise impacts from the freeway and the
Corridor. He requested that the City provide assistance in getting soundwalls
installed in the area to mitigate noise impacts that resulted from Corridor
improvements.
(4) Although Mr. King had talked with the developer for this revised project, the
developer did not hold any public neighborhood meetings.
(5) According to the time indicator on his fax sent to the City on December 10, 1996,
Mr. King sent the fax in time for the Environmental Administrator's meeting.
Mr. King urged that City staff work with the residents to resolve their issues and to assure
that the project went through the proper process. He urged that the applicant better -define
the project and that Council not approve speculative grading..
In response to Mr. King's statements, Mr. Ramsey made the following comments:
(1) A description of the project was provided in the initial study, and staff believes there
is adequate detail in that description to determine any impacts from the project.
(2) The initial environmental study for the project did indicate significant impacts,
however, staff recommended numerous mitigation measures to reduce the impacts to
a level of insignificance, as permitted by CEQA, after which a Negative Declaration
may be issued. The fact there may be significant impacts does not necessarily require
that an Environmental Impact Report be prepared unless the impacts cannot be
successfully mitigated.
(3) There is an existing problem with noise impacts in the area as a result of the widening
of the freeway and additional traffic from the Corridor. One of the mitigation
measures that the City obtained from the Transportation Corridor Agency was for the
TCA to construct soundwalls. He felt that the only noise impacts from the project
proposed would be from the preschool's outdoor play area, which would be limited
to a small area of 625 square feet.
(4) Agendas for the Environmental Administrator's meeting on December 10, 1996,
which included a project description and staff's recommendation, were mailed to all
property owners within a 300 -foot radius of the project one week in advance of the
meeting to encourage public input, however, no residents attended the meeting. In
addition, during the 20 -day public review period following the Environmental
Administrator's decision, no letters or comments were received by the City regarding
the Negative Declaration.
City Council Minutes
_16- 2/4/97
073
(5) Mr. King's fax did arrive prior to the Environmental Administrator's meeting on
December 10, however, he noted that the City has one fax machine in a central
location. Mr. King had not notified the City by phone of the incoming fax and it was
not delivered to Mr. Ramsey until after the meeting had been held. Mr. King was sent
a letter inviting him to a meeting to discuss possible changes and mitigation measures.
However, the meeting did not occur, the appeal was filed, and staff met with Mr. King
thereafter to familiarize him with the project and review the plans.
Council Member Greiner noted that the TCA had offered to construct soundwalls or provide
funding for property owners to construct their own walls. Mr. Huber added that some of the
property owners are now in the process of contracting their own walls, and the walls
constructed by the TCA have already been built.
Council Member Greiner acknowledged the traffic backup on Rancho Viejo Road close to
Via Escolar. Mr. Ramsey felt that opening of the remaining lane would help to relieve some
of the congestion; however, signal phasing at Rancho Viejo Road and Via Escolar contributed
to the problem. He advised that the signal was controlled by the City of Mission Viejo, who
must ensure that the signal meets level of service "D." Mr. Huber noted that a permanent
stop sign would be installed at Spotted Bull and added that the City has also applied for
Measure M funding to finance the installation of a signal in the future, if needed.
Mr. Denhalter stated that CEQA requires environmental review of projects as early in the
process as possible, which could interfere with developing a complete description of the
project. He noted that the initial study for this project identified a number of impacts, and the
City must ensure that these impacts are adequately addressed, particularly noise and sound
impacts and land use. He was unsure whether the document presented to the Council
specifically addressed these issues and encouraged the Council to allow time for the issues to
be fully -addressed. Mr. Scarborough suggested that this item be continued for one month
and renoticed so that staff could adequately address Mr. King's concerns.
Council Member Campbell noted that she shared Mr. King's concerns regarding speculative
grading and requested that it be avoided as much as possible. Council Member Jones
expressed concern regarding the phasing of the church and the preschool and requested
assurance that the project is completed as scheduled.
The architect for the project, Stewart Woodard of The Woodard Group, 5031 Birch,
Newport Beach, representing Resco and Gateway Community Church, expressed strong
opposition to continuing this item for another month. He noted that this site was originally
approved for a much more intense office complex use years ago, which would have resulted
in far more impacts than the project proposed. He stated that the office project could not be
completed because of the poor economy. Thereafter, a proposed project reduction was
reviewed through a Council work session and the applicant felt the City Council had indicated
that the project was generally "on the right track." He noted that City staff made it very clear
to him and the applicant that the restrictions on the graded site would be substantial and
protective of the City's design guidelines, parking, usable building area, open space, etc. He
expressed concern that after many months of processing the subject application it may be
delayed because of a request from one man for more information. He felt that more -than -
City Council Minutes -17- 2/4/97
074
adequate information had already been provided that would address any traffic, noise,
environmental, and grading impacts, and that these issues could be more specifically
addressed during the planning process.
There was general Council concurrence that, based upon the City's Attorney's comments, the
item should be continued.
Continuation of Item_:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that this item be continued to the meeting of March 4, 1997, to address
the issues raised by the appellant.
ENGINEERING AND BUILDING SERVICES DIRECTOR
AMENDMENTS TO PRETREATMENT ORDINANCE ESTABLISHING LOCAL
LIMITS AND ENFORCEMENT RESPONSE PLAN (1040.30)
�Yritten Communicatim
Report dated February 4, 1997, from the Engineering and Building Director, recommending
that an Ordinance be introduced amending the Waste Discharge Pretreatment Source Control
Program Ordinance to develop local limits for various pollutants and an Emergency Response
Plan, as required by the National Pollutant Discharge Elimination System (NPDES) Program.
The Report also recommended adoption of the Enforcement Response Plan to support
SERRNs enforcement responsibility.
Introduction of Ordinance Amendinlx the Waste Discharge Pretreatment and Source
Control Pro r rdinance:
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 Jones, seconded
by Council Member Greiner, that the following Ordinance be introduced:
AMENDING THE WASTE DISCHARGE PRETREATMENT AND
SOURCE CONTROL PROGRAM ORDINANCE - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING
ORDINANCE NO. 758, SECTION 6-6.13 OF THE MUNICIPAL CODE,
AND ADOPTING A NEW SECTION 6-6.13, AMENDED WASTE
DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM
The motion carried by the following vote:
City Council Minutes
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
-18-
2/4/97
1
075
Adoption f Enforcement Res.ponsePlan:
It was moved by Council Member Jones, seconded by Council Member Greiner, and
unanimously carried that the Enforcement Response Plan be adopted.
2. PROPOSED ACCEPTANCE OF REVISED TRAIL EASEMENT AND LAND USE
RESTRICTIONS - ARCHITECTURAL CONTROL 88-05 _ CREME
EQUESTRIAN CENTER (GATES) (67�)
Written Communication:
Report dated February 4, 1997, from the Engineering and Building Director, noting that
vacation of the 20 -foot wide General Plan recreational trail bisecting Creekside Equestrian
Center had been approved subject to the widening of Easement 2 along San Juan Creek Road
by 3 feet and widening the proposed trail along the Avenida Siega alignment from 10 to 20
feet, as recommended by the Parks, Recreation and Equestrian Commission. The Report
forwarded the new easement for 13 feet along San Juan Creek Road and the new Land Use
Restriction for the additional 10 feet along the Avenida Siega alignment.
Council Member Campbell inquired why the Parks, Recreation and Equestrian Commission
felt that another 10 feet was needed for the trail. Mr. Huber explained that the Commission's
intent had been to replace the 20 -foot general plan trail being vacated with another 20 -foot
trail.
Adoption of Resolution Accepting_ Revised Trail Easement:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
following Resolution be adopted, as amended to eliminate the additional I0 -foot easement
along the Avenida Siega alignment:
RESOLUTION NO. 97-2-4-10- ACCEPTANCE OF REVISED TRAIL
EASEMENT DEED. CREEKSIDE EOUESTRIAN CENTER (GATES) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING A REVISED TRAIL
EASEMENT WITHIN ARCHITECTURAL CONTROL 88-5, CREEKSIDE
EQUESTRIAN CENTER (GATES).
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
The Mayor was authorized to execute the Easement Deed and Land Use Restriction, and the
City Clerk was directed to forward both easement documents to the County Recorder.
City Council Minutes -19- 214/97
076
COUNCILMANIC ITEMS
RESOL11TION REVISING TIME OF CITY IL MEETINGS 610.15
Written Communication:
Report dated February 4, 1997, from the City Attorney, recommending that the starting time
for City Council meetings be revised from 7:00 p.m. to 5:00 p.m. to allow the Council to meet
in Closed Session prior to the regular meetings.
Adoption of Resolution Revising Starting Time for City Council Meetings:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 97-2-4-11, REVISING TIME OF CITY COILICIL
MEETINGS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING THE TIME OF
CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO,
80-12-10-4
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
2. REPORT ON ATTENDANCE AT MAYORS AND COUNCIL MEMBERS
INSTITUTE IN SACRAMENTO (610-60)
Written Communication:
Report dated February 4, 1997, from Council Member Greiner summarizing the topics
covered at the League of California Cities Mayors and Council Members Institute Conference
held January 7-10, 1997, in Sacramento.
Council Member Greiner gave an oral report of his attendance at the conference.
The Report was received and filed.
3. ORAL REPORTS OF 01 JTSIDE A EN IE
a. FoothilllE astern and San Joaquin Hills Transportation Corridor (,800.50
Council Member Campbell noted that a memorial service was being held on February
5 in Dana Point for Bill Woollett's wife who recently passed away. Mayor Swerdlin
requested that Council Member Campbell extended the Council's condolences to
City Council minutes -20- 2/4/97
077
Mr. Woollett. Council Member Campbell indicated that she was unaware of the
traffic congestion on Rancho Viejo Road as a result of the Corridor improvements
and that she would discuss the matter with the TCA.
b. Leagug of Calif rnia Cities (140.20)
Council Member Greiner noted the next meeting scheduled for February 23.
Southeast i n Reclamation Auth ri E 1040.60
Council Member Jones noted the regular meeting scheduled for February 13 and the
finance meeting scheduled for February 10.
d. San Juan Basin Authority (1050,60)
Council Member Jones noted that the next meeting was rescheduled for February 18
to discuss legal issues.
e. Orange County Joint Fire Authority 1540 80)
Council Member Greiner noted his attendance at the meeting on January 23, which
included discussion of labor negotiations with firefighters and background information
on an equity study. He noted he would make a presentation to the Council in the
future regarding the potential use of the Authority for ambulance service.
f. Joint Powers-hrisurannce Authority L170.30)
Mayor Swerdlin noted his attendance at the meeting on January 29 which included
discussion of amended bylaws. His report is on file.
COUNCIL COMMENTS
CONGRATIJLATQRY NQ -TE 610.40)
Council Member Campbell inquired whether the other Council Members wished to join her
in faxing best wishes to Fred Goldman regarding the outcome of the O. J. Simpson civil trial.
Mayor Swerdlin suggested that Council Members could participate individually if they desire.
2. EL TORO REUSE CQW&TTEE (940,30)
Council Member Greiner noted the letter received by the City Manager from the City of Irvine
regarding the City's attendance at the El Toro Reuse Planning Authority meeting. As the
City's representative in this matter, he inquired whether attendance was recommended since
the City is not participating financially at this time. Mr. Scarborough indicated he would
provide a report to the Council in their slots and request comments.
City cauncit Minutes 21- 2/4/97
078
CHAMBER OF COMERCE 1303 0
Council Member Jones noted that the Chamber would be holding its annual Capistrano Valley
fund-raiser at the El Adobe on Thursday night, February 6.
4. ORANGE COUNTY LIBRARY COMMITTEE (950.40)
Council Member Greiner indicated that as the City's appointed representative to the Orange
County Library Committee, he would pursue the recommendation by Wayne Peterson for
cities to consider coordinating their library hours to ensure that a library is open each day of
the week.
FRIENDS OF THE LIBRARY HUNTINGTOhj BEACH 950 40
Council Member Campbell noted that a Friends of the Library group in Huntington Beach
raised $50,000 in funds for the library.
6. INTRODUCTION OF DEPARTMENT HEADS (700 10
Mayor Swerdlin suggested that consideration be given to asking a Department Head to
introduce himself/herself at each City Council meeting and providing a brief description of
their duties, length of service, etc., for the public's information. No consensus was reached
by the Council.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:45 p.m. to the
next regular meeting date of Tuesday, February 18, 1997, at 5:00 p.m. in the City Council Chamber.
ATTEST:
l 7
DAVID M. S IN, MAYOR
city council Minutes
Respectfully submitted,
fO
TJ
_,,�;,N, CITY CIEERK
-22-
2A/97