98-0804_CC_Minutes_Regular Meeting1
AUGUST 4,1998
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 549957.6, the City Council will confer with its Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment (Management
and Classified Employees)
2. Pursuant to Government Code Section 54956.9, the City Council will Confer with its Legal
Counsel regarding one matter.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS 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 Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Mac Harris, The Life Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
Wyatt Hart, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director;
and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones announced there was no action to report on the Closed Session items.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.101
Council Member Greiner introduced the following persons in attendance: Al Simmons,
Seniors Liaison to the City; David Belardes, Don Tryon, Bill Hardy and Jan Siegel, Cultural
Heritage Commission; Ilse Byrnes and Bob Cardoza, Parks, Recreation and Equestrian
Commission; Ed Johnson, Planning Commission; and Jessica Dean, Janice Palermo, Joanne
de Guevara, Maryrose Winkler and Marie Buckner, Housing Advisory Committee.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS)
None
CONSENT CALENDAR
It was moved by Council Member Campbell, 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 Swerdlin, Greiner, Hart, Campbell and
Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF JULY 7 1998
The Minutes of the Regular Meeting of July 7, 1998, were approved as amended on page 22,
last paragraph to include the wording "... regarding tree removal, natural shrubbery and
beauty of the creek bed at the Resco ...°'. Council Member Greiner abstained due to his
absence from the meeting.
RECEIVE AND FILE WARRANTS OF JULY 16, 1998 (300.30)
The List of Demands dated July 16, 1998, in the total amount of $1,524,151.76 was ordered
received and filed.
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4, AWARD OF CONTRACT FOR INSTALLATION OF SPEED BUMPS: 1'VIA DE
AQUA BETWEEN CALLE DE BONANZA AND CALLE CONEJO AND,
ALLEY PARALLEL TO CAMINO CAPISTRANO AND AVENIDA LOS
AMIGOS BETWEEN AVENIDA GOLONDRINA AND AVENIDA PADRE
HARDY AND HARPER INC. 600.30
As set forth in the Report dated August 4, 1998, from the Director of Engineering and
Building, the contract for Installation of Speed Bumps at 1) Via de Agua between Calle de
Bonanza and Calle Conejo, and 2) Alley parallel to Camino Capistrano and Avenida Los
Amigos between Avenida Golondrina and Avenida Padre was awarded to the low
responsible bidder, Hardy and Harper, Inc., in the amount of $22,070.
APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES BRIGHTON GARDENS LOCATED AT 31741 RANCHO
VIEJO ROAD (MARRIOTT SENIOR LIVING SERVICES, INC.)(60
As set forth in the Report dated August 4, 1998, from the Director of Engineering and
Building, the Development Agreement for Construction of Water Facilities, at Brighton
Gardens, 31741 Rancho Viejo Road, with Marriott Senior Living Services, Inc., was
approved and the Mayor and City CIerk were authorized to execute the Agreement for
Construction of Water Facilities.
6, APPROVAL OF AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES KAISER PERMANENTE MEDICAL BUILDING LOCATED AT
30400 CAMINO CAPISTRANO (KAISER FOUNDATION HEALTH PLAN—INC.)
600.30
As set forth in the Report dated August 4, 1998 from the Director of Engineering and
Building, the Development Agreement for Construction of Water Facilities, at the Kaiser
Permanente Medical Building, 30400 Camino Capistrano, with Kaiser Foundation Health
Plan, Inc., was approved. The Mayor and City Clerk were authorized to execute the
Agreement for Construction of Water Facilities.
7. ADOPTION OF RESOLUTION SETTING THE OPEN SPACE GENERAL
OBLIGATION REFUNDING BOND PROPERTY TAX RATE FOR FISCAL
YEAR 1998-99 390.80
As set forth in the Report dated August 4,1998 from the Director of Administrative Services,
the following Resolution was adopted setting the tax rate of $0.0698 per $100 of assessed
valuation for payment of debt service on Series "A" of 1998 General Obligation Refunding
Bonds for Open Space Program:
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RESOLUTION NO. 98-8-4-1.SETTING AD VALOREM TAX RATE - FISCAL
YEAR 1998-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF
MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN
JUAN CAPISTRANO DURING THE FISCAL YEAR 1998-99 FOR DEBT
SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN
JUAN CAPISTRANO
The City Clerk was authorized to forward a certified copy of the resolution to the Orange
County Auditor/Controller office for inclusion on the 1998-99 tax rolls.
PUBLIC HEARINGS
I. CONTINUATION OF PROPOSED REZONE 98-1, FLOOD PLAIN LAND USE
PERMIT 98-1 AND ARCHITECTURAL CONTROL 98-2 TO ESTABLISH
PRIVATE CHRISTIAN SCHOOL LOCATED AT 32532 ALIPAZ STREET
(SADDLEBACK VALLEY CHRISTIAN SCHOOL) (460.20/550.10/410.60)
Proposal:
Consideration of Rezone 98-1, Flood Plain Land Use Permit 98-1 and Architectural Control
98-2 to establish the private Saddleback Valley Christian School at 32532 Alipaz Street.
Annlicant:
Saddleback Valley Christian School, c/o Bruce Harbin, 2122 N. Broadway, Suite 101, Santa
Ana, California, 92706.
Written Communications:
(1) Report dated August 4, 1998 from the Planning Director requesting continuation of
this public hearing to the meeting of August. 18, 1998, to provide staff and the
Planning Commission additional time to evaluate traffic mitigation measures.
(2) Letter dated July 30, 1998, from Patricia E. Bath, 32302 Alipaz, #15, San Juan
Capistrano, opposing the project due to traffic impacts.
(3) Letter dated July 29, 1998, from Michael and Suzanne Thorpe, 32302 Alipaz, Space
158, San Juan Capistrano, opposing the project due to traffic impacts.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
being no response, it was moved by Council Member Swerdlin, seconded by Council
Member Hart was unanimously carried by to continue the public hearing to the meeting of
August 18, 1998.
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2, APPROVAL OF AGREEMENT FOR PURCHASE AND SALE OF AN
UNIMPROVED PORTION f 2,160 SQUARE FEET) OF THE HELICOPTER HILL
PARK SITE/OPEN SPACE LOT B TRACT 12954 TO DR. THEODORE WITT
600.30
Proposal:
Consideration of the sale of 2,160 square feet of the Helicopter Hill Park Site/Open Space
to Dr. Theodore Witt, owner of the adjacent Lot 103, Tract 12954. The developer of Tract
12954, the Marbella Golf and Country Club, had constructed a retaining wall adjacent to Lot
103; Dr. Witt wishes to incorporate the area into his lot to complete and maintain the
retaining wall. The hearing was scheduled by the City Council at their meeting of July 7,
1998.
Written Communication:
Report dated August 4, 1998 from the Director of Engineering and Building advising that
Dr. Theodore Witt had requested that the City consider the sale of the 10 -foot -wide strip of
land along the west and north boundaries of his lot. While Helicopter Hill was dedicated as
a park site, it is used as unimproved open space and the area proposed for sale is on a steep
hillside and unaccessible to the general public. The Parks, Recreation and Equestrian
Commission reviewed the proposal and recommended approval. The sale price of $14,990
will be deposited into the Parks and Recreation Fund.
Photographs of the proposed lot were on display and the Engineering and Building Director
made an oral presentation.
Public Hearin:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, closed the hearing with the right to re -open at any time.
Approval of Purchase and Sale Agreement:
It was moved by Council Member Campbell, seconded by Council Member Greiner, that the
following Resolution be adopted:
RESOLUTION NO. 98-8-4-2 APPROVING PURCHASE AND SALE
AGREEMENT FOR A PORTION OF THE HELICOPTER HILL PARK
SITE/OPEN SPACE AREA WITT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE PURCHASE AND SALE AGREEMENT FOR 2,160
SQUARE FEET OF THE HELICOPTER HILL PARK SITE/OPEN SPACE,
(LOT B, TRACT 12954) TO DR. THEODORE WITT, OWNER OF THE
ADJACENT LOT 103, TRACT 12954
The motion carried by the following vote:
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AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor
Jones
NOES: None
ABSENT: None
APPROVAL OF RESOLUTION ADOPTING THE CONFIRMING COST
REPORT - 1998 WEED ABATEMENT (540.70A
Proposal:
Consideration ofproposed charges for the City's 1998 Weed Abatement Program, which will
be assessed to individual property owners on their 1998-99 tax bill.
Written Communication:
Report dated August 4, 1998 from the Director, Public Works advising that in January of
1998, preliminary notices were mailed to homeowners reminding them of the City's weed
abatement requirements. On April 15, 1998, "notices to abate" were mailed to all identified
property owners with potential nuisance problems. A public meeting was held on May 14,
1998 to receive objections; no owners attended the meeting.
Ms. Amirani, Director, Public Works, made an oral presentation, noting that two adjustments
had been made and no complaints had been received.
Public Hem:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
being no response, the Public Hearing was declared closed.
Approval of Cost Report:
It was moved by Council Member Hart, seconded by Council Member Swerdlin that the
following Resolution be adopted:
RESOLUTION NO. 98-8-4-3. CONFIRMING COST REPORT - 1998
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 1998 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor
Jones
NOES: None
ABSENT: None
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Ihe City Clerk was directed to forward the report to the Orange County Auditor -Controller
for inclusion on the 1998-99 tax roll.
RECESS AND RECONVENE
Council recessed at 7:10 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:12 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF CITY COUNCIL POLICY LIMITING LATE SUBMITTAL OF
WRITTEN INFORMATION TO THE CITY COUNCIL FROM THE PUBLIC,
APPLICANT OR INTERESTED PARTIES(610_.30
Written Communications:
Report dated August 4, 1998, from the Assistant City Manager advising that Council
Members had expressed frustration in their inability to adequately review written materials
submitted by project proponents, members of the public or interested parties during or just
prior to City Council meeting. Late submittal of written information did not provide Council
Members with adequate time to review these documents and consider them in their
deliberations at the meetings.
Jennifer Murray, Assistant City Manager, made an oral presentation.
Adoption of Council Policy:
It was moved by Council Member Campbell, seconded by Council Member Swerdiin and
unanimously carried that the Policy governing the submittal of late written material to the
City Council be adopted. The Policy set 5:00 p.m., the day prior to the scheduled meeting,
as the cut-off time for submittal of information for inclusion with packet items; all other
information will be distributed with regular mail; and, the Council will have discretion for
acceptance of written information at meetings. The Policy will become effective on August
4, 1998.
PLANNING DIRECTOR
1. CONTINUATION OF CONSIDERATION OF THE LOS RIOS AD-HOC
COMMITTEE DRAFT OF THE LOS RIOS PRECISE PLAN_ (LOS RIOS
HISTORIC DISTRICT) AND INITIATION OF THE PUBLIC HEARING
PROCESS CONTINUED FROM JULY 7 1998 400.40
Citing a possible conflict of interest due to the proximity of his business/residence, Mayor Jones
advised he would abstain on this item and left the dais. Council Member Greiner assumed the Chair.
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Written Communication:
Report dated August 4, 1998 from the Planning Director advising that the City Council had
initiated an update of the Los Rios Precise Plan in November 1997 and had established a
seven -member ad-hoc committee comprised of members of the City Council and City
Commissions. That Committee had held a series of public workshops to identify preliminary
draft amendments to the Precise Plan and those preliminary draft amendments were
presented to Council for review. The item was continued from the July 7' meeting to allow
comments from Council Member Greiner.
Bill Ramsey, Senior Planner, gave an oral presentation in which he noted that the action
would start the second phase. He discussed the extension of Paseo Adelanto to solve traffic
and circulation issues, as well as protecting pedestrian activity. Exhibits depicting
circulation alternatives, land use concepts and a property ownership map were on display.
Council Member Hart emphasized that the recommended action would allow the City to go
forward with the public hearing process to provide for public review and comment; there
would be no approvals at this meeting.
Public Comments:
(1) Ralph Megna, 600 Central Avenue, Riverside, spoke on behalf of Dave Busk, a local
custom homebuilder. He felt the ad hoc committee and staff had done a good job.
He stressed that the construction of the Paseo Adelanto extension was the time to
assure that all future infrastructure that might be needed in the Los Rios District was
installed. He indicated that as a local developer, he would be interested in proposing
a development strategy he felt would achieve all the goals presented in the ad hoc
committee's report.
(2) David Belardes, 31742 Via Belardes, expressed his concern with out -of -area
developers wanting to make suggestions on this project. He noted that residents had
strongly expressed their concerns and desires that the Los Rios area remain as it is.
He indicated residents' support for the Paseo Adelanto extension and park
improvements and their opposition to more development or housing. He emphasized
the need to protect the Los Rios area.
Council Comments:
Council generally concurred in the need to be sensitive to the residents and the historic
aspects of the Los Rios area; and, in the need for the draft Plan to receive public and
commission review and comment. Council Members Campbell and Hart both indicated
support for the Paseo Adelanto extension, refurbishing of the park and a sensible parking lot.
Council Member Swerdlin felt that this review and update of the Los Rios Precise Plan was
necessary because the Plan, as it stands, may be more impactive to the integrity of the
historic area than desired.
In response to Council Member Greiner, the City Manager suggested that Council indicate
areas of concern. Council Member Greiner indicated his support for the majority of
committee findings. He provided comments on the following:
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- Land Use Goal #8 - he felt this could be achieved in conjunction with a revised
circulation plan similar to Circulation Plan Alternate 4.
- Land Use Goal #9 relating the a new "Artisan Residential District - he indicated
he did not support the artist residential concept. He noted references in the Land Use
Planning and in the Mixed Use regulations, as well as in the General District Regulations,
and recommended that the Artisan Residential District be removed from the District
regulations.
- Land Use Goal #12 relating to public support facilities - he felt this goal would
work best with completion of Street B and the connection to Paseo Adelanto and the parking
area, as supported by Circulation Plan Alternate 4.
- Circulation Goal 4 - he felt this goal pertaining to a right -in and right -out access
from Los Rios to Del Obispo, would not work since Los Rios would be a cul-de-sac at River
Street. He suggested consideration of an easement across the Las Hadas complex as a way
for residents to get out at the signalized intersection of Paseo Adelanto and Del Obispo.
- He indicated support for Street B, which he felt would reduce pedestrian/motor
vehicle conflicts. He indicated he did not support dual access as shown for River Street due
to the potential for its use as a thoroughfare and interference with the pedestrian plaza. He
suggested that with regard to the phasing of street and parking improvements, Phase 2 and
3 be reversed.
- Design Element Goal 1 relating to enhancement of the pedestrian entry plaza - he
felt this could only be accomplished by closing the entry plaza to vehicular traffic.
In summary, he felt the Los Rios District should be left as natural as possible; that any
development should be undertaken with caution; and, that whatever replaces the Artisan
Residential District should be lower intensity and density. He supported a minimum 2 to 3
acres of park land and felt that a one -acre 100 -space parking area was sufficient. He further
felt that Circulation Alternate 4 met more of the criteria of the District.
Mr. Scarborough suggested that the current RV storage be added as one of the alternative
uses, since residents had indicated it had been a good neighbor. Council Member Hart
requested that a Recreational Vehicle Storage option be reviewed as an alternate to
residential/commercial development. Council Member Swerdlin stated concerns about
governmental entities competing with private enterprise, and the City Manager suggested
that the use could be continued, but sold to a private individual. Council Member Hart felt
better control of the use could be maintained through the City's ownership.
Initiation of Formal Public Hearing Process:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried
with Mayor Jones abstaining, to confirm the Los Rios Ad-hoc Committee's preliminary draft
Los Rios Precise Plan as the public hearing draft Plan and to initiate the formal public
hearing process.
ORDINANCES
None
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COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Corridor and San Joaquin Hills Transportation Corridor {800 50j
Council Member Campbell noted that she had given Council information for their
review regarding the southern section of the Foothill/Eastern Corridor. She noted
that at the August 4, 1998, meeting of the San Joaquin Hills Transportation Corridor,
she had been emphatic about keeping the agreement regarding the landscaping.
COUNCIL COMMENTS
MICKEY AND TRUDY THOMPSON - REWARD (610.25)
Council Member Campbell thanked the Council for their support relative to her actions to
offer a reward for information leading to a resolution of the 1988 homicide of Mickey and
Trudy Thompson.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:57 p.m. to the
next regular meeting date of Tuesday, August 18, 1998, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
i
CHERYL �r
• ,
ATTEST:
GIL JONES, MAYOR
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