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98-0901_CC_Minutes_Regular Meeting289 SEPTEMBER 1, 1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.55) Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding one matter. 2. 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). 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 Monsignor Paul Martin, Mission San Juan Capistrano. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tern 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; Lt. Paul Sullivan, Orange County Sheriffs Department; 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. City Council Minutes -1- 911198 290 INTRODUCTIONS AND PRESENTATIONS INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (_110.10) Council Member Greiner introduced the following persons in attendance: Al Simmons, Seniors Liaison to the City; Tofu Facon, Chamber of Commerce Executive Director; Tony Forster, Lee Buser, Don Tryon, and Bill Hardy, Cultural Heritage Commission; Ed Johnson, Planning Commission; 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 Hart, seconded by Council Member Greiner, 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 a. The Minutes of the Regular Meeting of August 4, 1998, were approved as submitted. b. The Minutes of the Special Meeting of August 10, 1998, were approved as submitted with Council Member Campbell abstaining due to her absence from the meeting. 3. RECEIVE AND FILE WARRANTS OF AUGUST 13, 1998 (300.30) The List of Demands dated August 13, 1998, in the total amount of $1,595,480.24 was ordered received and filed. City Council Minutes -2- 9/1/98 1 1 4. STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated September 1, 1998, from the Planning Director, advising that five new applications had been received since the last Report on July 21, 1998, was ordered received and filed. 5. APPROVAL OF LICENSE AGREEMENT WITH AYSO REGION 87 FOR USE OF THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK (600.30 As set forth in the Report dated September 1, 1998, from the Community Services Director, the License Agreement with AYSO Region 87 for the use of the concession stand at the San Juan Capistrano Sports Park for the period of September 1, 1998, to January 31, 1999, was approved. 6. APPROVAL OF AN EXTENSION OF A LICENSE AGREEMENT FOR THE USE OF A PORTION OF THE SWANNER RANCH PUBLIC PROPERTY (DOMINI NITTI) (600.30 As set forth in the Report Dated September 1, 1998, from the Director of Public Works, the Extension of the License Agreement for Use Of Public Property, with Dominic Nitti, to maintain a garden on a portion of the Swanner Ranch, was approved for a one-year period ending September 30, 1999. 7. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT -1998 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES)(600.30) As set forth in the Report dated September 1, 1998, from the Director of Public Works, the following resolution, declaring that the work for the 1998 Weed Abatement Program had been completed in the amount of $21,864.97 by Stewart and Associates, was adopted: RESOLUTION NO. 98-9-1-1 COMPLETION OF 1998 WEED AND THISTLE_ ABATEMENT PROGRAM (STEWART AND ASSOCIATES) - 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 1998 WEED AND THISTLE ABATEMENT/CONTROL PROGRAM (STEWART AND ASSOCIATES) Staff was authorized to release the 10% retention of $2,186.49 thirty days after recording the Notice of Completion. City Council Minutes -3- 911198 291 292 ADOPTION OF RESOLUTION APPROVING "NO U-TURNS" FOR NORTHBOUND TRAFFIC ON DEL OBISPO STREET AT PASEO DE LA PAZ (PASEO DE LA PAZ HOMEOWNERS ASSOCIATION) (590.50) As set forth in the Report dated September 1, 1998, from the Director of Engineering & Building, the following Resolution approving "No U -Turns" for northbound traffic on Del Obispo Street at Paseo De La Paz was adopted: RESOLUTION NO. 98-9-1-2, ESTABLISHING "NO U-TURNS" FOR NORTHBOUND VEHICLES ON DEL OBISPO STREET AT PASEO DE LA PAZ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U- TURNS" FOR NORTHBOUND VEHICLES ON DEL OBISPO STREET AT PASEO DE LA PAZ 9. ADOPTION OF INVESTMENT POLICY (350.30) As set forth in the Report dated September I, 1998, from the Administrative Services Director, the Investment Policy was reviewed and adopted for Fiscal Year 1998-99, as required by State law. 10. ADOPTION OF RESOLUTION OFFERING TO PURCHASE TAX DEFAULTED PROPERTY AT THE SOUTHEAST CORNER OF LA NOVIA AND SAN JUAN CREEK ROAD (COUNTY OF ORANGE) (600.50) As set forth in the Report dated September 1, 1998, from the Administrative Services Director, the Resolution offering to purchase tax -defaulted property at the southeast corner of La Novia and San Juan Creek Road adjacent to the Los Corrales development, was adopted: RESOLUTION NO. 98-9-1-3, OFFER TO PURCHASE TAX DEFAULTED PROPERTY - AP#666-211-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OFFERING TO PURCHASE TAX DEFAULTED REAL PROPERTY UNDER TAX COLLECTOR'S SALE BY AGREEMENT #1351 11. ADOPTION OF RESOLUTION APPROVING THE ASSIGNMENT AND ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT_ AS AMENDED AND THE SUBSTITUTION OF BONDS, KI/FKLA RANCHO REALTY KEMPER AND WESELOH FAMILY LIMITED PARTNERSHIP WESELOH PARCEL MAP 85-305 600.30 As set forth in the Report dated September 1, 1998, from the Engineering and Building Director, the Resolution approving the "Assignment and Assumption of Improvement Agreement" as previously amended to tie the completion date of Camino Capistrano City Council Minutes 4- 9/1/98 1 1 1 improvements to the issuance of the Certificate of Occupancy for any proposed development within the parcel, was adopted: RESOLUTION NO. 98-9-1-4 APPROVAL OF ASSIGNMENT AND ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT AND BOND SUBSTITUTION FOR PARCEL MAP 85-306 (KI/FKLA RANCHO REALTY, LLC/WESELOH FAMILY LIMITED PARTNERSHIP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF SUBDIVISION IMPROVEMENT AGREEMENT AND SURETY SUBSTITUTION FOR TENTATIVE PARCEL MAP 85-306 (KI- FKLA RANCHO REALTY, LLC/WESELOH FAMILY LIMITED PARTNERSHIP) Staff was authorized to accept the surety bond from Weseloh in the amount of $488,960 for the off-site improvements; the KI/FKLA Rancho Realty (Kemper) surety bond in the amount of $488,960 for the off-site improvements was released. The Resolution stipulates that the assignment of the Subdivision Improvement Agreement and the acceptance and release of bonds shall not be effective until the transfer of property from Kemper to Weseloh has been completed and recorded. 12. DENIAL OF CLAIM OF TINNES FOR DAMAGES (170.10) As set forth in the Report dated September 1, 1998, from the City Attorney, the claim filed by Christopher Tinnes for damages from injuries allegedly sustained when he fell down a 25 - foot shaft on private property at 29341 Spotted Bull Lane, was denied. PUBLIC HEARINGS The Public Hearings were held out of order from the Agenda for the convenience of those in attendance at the meeting. APPROVAL OF AN APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF ZONE VARIANCE 98-3, FOR A FRONT -YARD SETBACK ON PROPERTY LOCATED AT 30621 HILLTOP WAY LOT 2 TRACT 9030 )VERDE SAN JUAN ESTATES HOA/LAVACOT) 2)(460.60) Proposal: Consideration of an appeal of the July 22, 1998, Zoning Administrator's approval of a variance to allow a 17 -foot -6 -inch setback for a proposed single family residence and detached carriage house at 30621 Hilltop Way. The property is currently a 2.66 -acre undeveloped lot situated on the west side of Hilltop Way. The General Plan designation of the property is 1. 1, Very Low Density Residential; the zoning designation of Small Farm requires a 30 -foot front -yard setback. The Zoning Administrator's approval was appealed by the Verde San Juan Estates Homeowners Association on August 5, 1998. City Council Minutes -5- 9/1/98 293 294 Property Owner: Robert and Carol Lavacot, 1810 Waltham Way, La Habra, California, 90631. Appellant: Verde San Juan Estates HOA, c/o Dirk A. Wray, 30551 Hilltop Way, San Juan Capistrano, California, 92675 Written Communications: (1) Report dated September 1, 1998 from the Planning Director, setting forth findings that there are special circumstances applicable to the property that would support the requested variance, and recommending that the appeal be denied and the Zoning Administrator's decision be upheld. (2) Report dated September 1, 1998 from the Planning Director, forwarding a revised recommendation based on late information received that an agreement had been reached between the applicant and the appellant to revise the proposed building plans. The revised plans would result in an encroachment of 6 -feet, 9 -inches into the front yard setback by the principal residence and an encroachment of 7 -feet, 6 -inches into the required front yard setback by the proposed garage. (3) Letter dated August 31,1998, from the Board of Directors of Verde San Juan Estates, Homeowners Association, stating that the Homeowner's Association had met with Mr. and Mrs. Lavacot and had arrived at some modifications to the initial variance request that were mutually agreeable. The property owners had agreed to pivot the single-family resident so that the setback would be 40 -feet, 9 -inches; and, to move the garage structure so that the setback would be 40 feet. They asked that the City Council accept these modifications to the originally requested variance and to allow the Lavacot's to move forward with their processing. Thomas Tomlinson, Planning Director, made an oral presentation in which he advised that Staff now recommended approval of the appeal to incorporate proposed building setbacks as approved by Verde San Juan Estates. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, the Public Hearing was declared closed. Approval of Appeal: It was moved by Council Member Swerdlin and seconded by Council Member Greiner, that the following Resolution be adopted: City Council Minutes -6- 911198 1 f-1 RESOLUTION NO. 98-9-1-5 APPROVING APPEAL OF ZONE VARIANCE 98-3 (VERDE SAN JUAN ESTATES HOMEOWNERS ASSOCIATION/LAVACOT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO APPROVE A VARIANCE TO ALLOW A SEVENTEEN- FOOT, SIX-INCH (1T-6") FRONT YARD SETBACK IN THE SMALL FARM (RA) ZONE DISTRICT, FOR A 2.66 - ACRE LOT LOCATED AT 30621 HILLTOP WAY (TRACT 9030, LOT 2, LAVACOTNERDE SAN JUAN ESTATES HOMEOWNERS ASSOCIATION) The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor Jones NOES: None ABSENT: None 2. APPROVAL OF AMENDMENTS TO THE MUNICIPAL CODE REGARDING ADMINISTRATION OF PROPOSED MODIFICATIONS TO PREVIOUSLY - APPROVED GRADING PLANS AND ESTABLISHMENT OF SETBACK STANDARDS FOR DRIVEWAYS 420.30) Proposal: Consideration of amendments to the Municipal Code to establish specific criteria to be used in determining whether a revised grading plan can be administratively approved or whether it should be referred to the Planning Commission for consideration; and, establishment of minimum driveway separations from side property lines in standard single family zoning districts. Applicant: City of San Juan Capistrano Written Communication: (1) Report dated September 1, 1998 from the Planning Director, advising that concerns had arisen relative to existing lots located at the westerly terminus of Calle Lucana where a previous landslide had resulted in the demolition of three homes. The City had been requested to consider revised plans that would accommodate a modular home, and no criteria had been found in the Municipal Code to provide guidance. The concern relating to driveway setback from the side property line had arisen when an applicantion had been received for placement of a modular unit with a garage at the back of the building pad. To accommodate the unit, the applicant had proposed a driveway that was against the side property line. Due to a lack of standards, the application had been approved. The report forwarded proposed amendments City Council Minutes -7- 9/1/98 295 296 establishing criteria for grading plan modifications and establishing that driveways be located a minimum of three feet from the side property line. (2) Letter dated August 26, 1998 from Mark Welsh, 26362 Calle Lucana, San Juan Capistrano, California, 92675, supporting the proposed amendments. Thomas Tomlinson, Planning Director, made an oral presentation, describing staffs concerns and the resulting proposed amendments. He noted that the Planning Commission had forwarded a recommendation of approval. Public Heariniz: Notice having been given as required by law, Mayor Jones opened the Public Hearing and the following person responded: (1) Gail Walsh, 26362 Calle Lucana, spoke in support of the proposed amendments. There being no further response, the Public Hearing was declared closed. Introduction of Ordinance: The City Clerk read the title next in order. Further reading of all ordinance had been waived earlier in the meeting. It was moved by Council Member Campbell and seconded by Council Member Swerdlin, that the following Ordinance be introduced: AMENDING TITLE 9 OF THE MUNICIPAL CODE - MODIFICATION OF PREVIOUSLY -APPROVED GRADING PLANS AND ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A SIDEYARD - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.9070) AND 9-3.424(b)(5) OF TITLE 9 TO THE MUNICIPAL CODE REGARDING MODIFICATION OF PREVIOUSLY -APPROVED GRADING PLANS AND ESTABLISHMENT OF "SETBACKS" FOR DRIVEWAYS IN A SIDE YARD The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell, Greiner and Mayor Jones NOES: None ABSENT: None City Council Minutes 9/1/98 297 3. WITHDRAWAL OF PROPOSED REZONE 98-1, FLOOD PLAIN LAND USE PERMIT 98-01 AND ARCHITECTURAL CONTROL 98-02 TO ESTABLISH A PRIVATE CHRISTIAN SCHOOL LOCATED AT 32532 ALIPAZ STREET (SADDLEBACK VALLEY CHRISTIAN SCHOOL) (460.20/55010/410/60) CONTINUED FROM AUGUST 18 1998 Proposal: Consideration of proposed Rezone 98-1, Flood Plain Land Use Permit 98-1 and Architectural Control 98-2 to establish a private Christian school located at 32532 Alipaz Street (Saddleback Valley Christian School). The study area contains approximately 24.5 acres of land. Surrounding uses include Rancho del Avion Mobilehome Park to the south, Valle Pacifica condominiums and Calle Rolando business park to the north, the confluence of the San Juan and Trabuco Creeks to the east, and the Kinoshita Farm and the Sports Park to the west. The site had recently been used for production row crops on the front portion and a recreational vehicle storage yard in the rear. The study area also contains a water pump station and a water well that serves the adjacent agricultural fields. The school is proposed on approximately 21.28 acres, identified as Parcels A and B in the proposed study area; the rezone of the 24.5 -acre study area will permit establishment of the school, set a framework for phasing of development, allow for continued use of the rear portion of property as an RV storage area until ultimate completion of the school's master plan, and ensure that the two existing contiguous parcels, Parcels C, owned by the Capistrano Valley Water District, and Parcel D, owned by Charles Vermuelen and Martin Scalzo, have continued access when the school's master plan is implemented. The property is designated 1.5 Medium High Density Residential on the General Plan; the site is within the General Agriculture zoning district. _Anplicant/New Property Owner of Parcels A and B: Saddleback Valley Christian School, c/o Bruce Harbin, 2122 N. Broadway, Suite 101, Santa Ana, California, 92706 Property Owners: Thomas Forster (former owner of Parcels A and B), P.O. Box 146, San Juan Capistrano, California, 92693; Charles Vermuelen, 11671 Tammany Circle, Santa Ana, California, 92705 and Martin Scalzo, 522 S. El Camino Real, San Clemente, California, 92672 (owners of Parcel D); and Capistrano Valley Water District, 32400 Paseo Adelanto, San Juan Capistrano, California, 92675 (owner of Parcel Q. Written Communication: (1) Report dated September 1, 1998 from the Planning Director advising that the applicant was proposing to establish a private school on a portion of the study area. The project requires a rezone and approval of a Floodplain Land Use Permit since the current zoning does not permit schools and a portion of the site is located within the Flood Plain Management Overlay District. The Report included an analysis of the potential traffic impacts and proposed mitigation measures; a discussion of the proposed rezone and Floodplain Land Use Permit; a comprehensive description of the project design and Architectural Control application; and, a summary of the City Council Minutes -9- 911198 298 public comments and concerns on this proposal. Staff recommended that the City Council approve the Floodplain Land Use Permit, certify the Negative Declaration, and conf rm the Planning Commission's approval of the Architectural Control; and, introduce the Ordinance approving the rezone. Letters of support were received from the following: (1) Letter dated August 25, 1998, from M. Vilchuck, no address provided (2) Undated letter from Rod Markum, 26202 Via De Gaviian (3) Letter dated August 26, 1998, from Bill Frey, 28406 Daroca, Mission Viejo (4) Letter dated August 25, 1998, from Robert and Mary Walker, 28372 Via Ordaz (5) Letter dated August 24, 1998, from Jeff Schroeder, 32219 Via Barrida (6) Letter dated August 20, 1998, from Shirley and David Harbin, 31921 Camino Capistrano, Ste. 425, San Juan Capistrano (7) Letter dated August 24, 1998, from James Burke, 28472 Via Pasito (8) Letter dated August 20, 1998, from Kevin Rex, 29351 Edgewood Road, with his business located at 37138 Rancho Viejo Road, Suite F (9) Letter dated August 27, 1998, from Mary Kay Newell, 31527 Aguacate Road (10) Letter dated August 31, 1998, from Cindy Wade, 29951 Imperial Drive (11) Letter dated August 31, 1998, from Mr. and Mrs. Robert Coviello, with a letterhead address of Law Office of Robert D. Coviello, 3 Imperial Promenade, Suite 420, Santa Ana (12) Letter dated August 31, 1998, from William and Mary Agius, 32152 Paseo Sanchez (13) Letter dated August 27, 1998, from Mark Hassinger, 33208 Paseo Cerveza, Suite G, San Juan Capistrano (14) Letter dated August 31, 1998, from Joe and Dawn Fusco, 31122 Via Santo Tomas, (15) Letter dated August 31, 1998, from Lisa Henjum, 32935 Calle del Tesoro, urging approval of the project. Letters in opposition to the proposed project were received from the following: (1) Letter dated August 20, 1998, from Frances Paquette, 32221 Alipaz Street, #281, (2) Letter dated August 26, 1998, from Megan and Damien Shilo, 32552 Alipaz Street, 9C (3) Undated letter from Frances Roberts, Rancho Alipaz, 4106 (4) Letter dated August 23, 1998, from Michael and Suzanne Thorpe, 32302 Alipaz, Sp. 158 (5) Memorandum dated August 31, 1998, from Lee Buser and Albert Simmons, forwarding a petition with 33 pages and approximately 650 signatures from "... concerned citizens opposed to the traffic that will be generated by the proposed Saddleback Valley Christian School on Alipaz." Site elevations, photographs, sample building siding and a map depicting traffic improvements required of the project, were on display. Staff Presentation: Sara Pashalides, Project Manager, made an oral presentation, describing the project applications presented for Council consideration. The General Plan designation of 1.5 - City Council Minutes -10- 9/1/98 299 Medium High Density Residential, would also allow development of schools; therefore, there was no need to propose an amendment to the General Plan. However, the General Agriculture zoning of this property would not permit the development of the school or residential uses. She explained that the General Agriculture designation was a "holding" zone. She further explained that the proposed rezone to Planned Development, with adoption of a Specific Development Plan, rather than a rezone to Public and Institutional, would allow more restrictive regulations to assure that the proposed project is compatible with surrounding, existing residential uses. The Public and Institutional District would allow a broader range of uses which could create adverse conditions. Ms. Pashalides then gave a general background of the project, noting its review by the various Commissions and the conditions that had been set. She described the project Master Plan and the development phasing, as well as the landscape concepts. She addressed several concerns that had been raised, including the site's ability to accommodate the school, light and glare impacts, and the loss of agriculture land. She emphasized that although the property was currently zoned for agriculture, it was not part of the City's permanent agriculture land. The agriculture zoning merely allowed for interim use of the property until ultimate development occurred. William Huber, Engineering and Building Director, made an oral presentation, providing general background information about traffic issues. He described intersection capacity and roadway capacity definitions. He described the Level of Service concept, which identifies a range of intersection and roadway capacity levels, with ratings from "A" to "F," He indicated that the City's General Plan allows a Level of Service D, which means that approximately 81-90% of the roadway capacity is being used. He emphasized that the critical component was the ability to mitigate traffic impacts so that levels of service stay within the acceptable range. He explained that traffic studies review and analyze existing traffic conditions before project development; traffic conditions that will exist because of project development; and, traffic conditions that will exist a number of years in the future from cumulative project development. He discussed the traffic study prepared for this project, noting that the study had identified about 2,868 daily trips, with 1,104 trips in the morning peak time and 240 trips in the afternoon peak time. Mr. Huber then spoke about the phasing of the development and the mitigation requirements involved for each phase. He pointed out traffic mitigation conditions placed on the developer at various intersections and roadway segments throughout the City. He discussed traffic circulation on the site; the need to discourage using the street to drop off students; and, the need for a parking management program. Annlicant'sComments: Bruce Harbin, 31639 Vida San Juan, representing the Saddleback Valley Christian School, introduced Ed Carney, the school's Administrator, and Steve Esslinger, the school's Secretary. He advised that the school was started in 1997. He mentioned that 75% of the school's staff lives in San Juan Capistrano. He indicated that 50% of the student population would be from San Juan Capistrano due to their scholarship program; another 40% of the students would be from the Capistrano Unified School District area. Mr. Harbin spoke about a recent advertisement which had been mailed to surrounding communities regarding the school and stated that it had been intended to indicate that the project is still in the process. City Council Minutes -11- 911198 300 He indicated that the Council had the opportunity to master plan a private school; he felt the use would be more compatible with adjacent uses; and, would be good for local businesses. Mr. Harbin stated that the site had natural boundaries and that 55% of the site would remain in open space. He advised that the school would have more parking than required; noted their intent to construct as many permanent structures as possible in the beginning; and, noted they had not objected to any of the conditions because they felt they were apart of the community and were providing community improvements. RECESS AND RECONVENE Council recessed at 8:08 p.m. and reconvened at 8:15 p.m. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and the following persons responded: (1) Jack Campbell, 27792 Camino Santo Domingo, spoke in support of the school, feeling it would fulfill a need in the community. (2) Tom Erin, 32371 Alipaz, #57, stated his opposition to the project at this particular site because of traffic concerns. (3) Angela Duzich-Rohdc, 31372 Don Juan Avenue, voiced her objections to the use of the property as a school due to traffic impacts. (4) Ben Hamner, 32552 Alipaz, #4A, stated that he lived in a condo located at the north side of the project. He spoke in support of the project because he felt when the required improvements were made, the traffic would improve. (5) James Burke, 28472 Via Pasito, spoke in support of the project and noted that parents would carpool to mitigate traffic concerns. (6) Mike Hamilton, 33152 Via Mayor, spoke in support of the project, stating that the required traffic improvements would benefit the community all year round, and were in the best interest of the City. (7) Clint Worthington, 32552 Alipaz, #2C, stated that he lived next to this project and cited objections to the proposed rezone due to noise, appropriateness of the proposed use on the site, and traffic impacts. (8) Ray Rothfelder, 26101 Paseo Marbella, stated he was not against the school, but was opposed to the traffic impacts. (9) Pastor William Davenport, 31878 Del Obispo, spoke of his support for this project and looked forward to the improvements and community benefits it would provide. City Council Minutes -12- 911198 1 (10) Carolyn Nash, 32906 Avenida Descanso, stated opposition to the project and felt that it was not compatible with the residential area. She stated that there were a lot of other issues already impacting the residents in the area, and many projects already approved that would generate traffic, including a proposed new public school; the Boys and Girls Club; and, the Community Center. She noted her objection to the proposed polyester building and indicated her preference for the site to remain residential. (11) Doug Nash, 32906 Avenida Descanso, stated opposition to the project, noting that the property should have been included in the moratorium. He felt there should be further demonstration that the project was reasonable for the area; and, supported retaining the current zoning. (12) Darlene Hopkins, 25841 Ave Cabrillo, stated that her backyard faced Del Obispo school and that because of traffic concerns, she opposed the project. (13) Pauline Leonard, 27589 Brookside Lane, stated opposition to the project, noting that she felt the best interests of the community were not served by another private Christian school. She felt land use issues were of greater importance and that the moratorium had not been inclusive enough. (14) Kathleen Rudel, 32742 Alipaz, #152, expressed opposition to the project. She urged the Council to consider the residents' quality of life, as well as the value of their property. She felt a school was not compatible or appropriate at this site. (15) Lee Buser, 26157 Paseo Marbella, spoke in opposition to the project due to traffic impacts. She asked that the Council peruse the names of petitioners who could not come but who had signers her petition which she had provided to the Council. (16) Amy Aspell, 32772 Via Malaga, stated her desire that the zoning remain agriculture and asked the Council to protect the residents from additional noise and traffic. (17) Damien Shiloh, 32552 Alipaz, #9C, spoke in opposition to the project due to traffic concerns. He felt the property should have been included in the moratorium. (18) Robert Coviello, 31662 Paseo Isabella, stated his support of this project and stated that the City Council has the obligation to recognize what is in the best interest of the community in the long run. (19) Al Simmons, 32302 Alipaz, #35, spoke in opposition to the project due to traffic issues. (20) Marilyn Mulligan, 32942 Staysail Drive, Dana Point, stated her support for the project because she felt it was best for the children. City Council Minutes -13- 9/1/98 301 302 (21) Dawn Kardos, 25902 Via Del Rey, stated that she had been a crossing guard for five years at Del Obispo and Marco Forster schools and was concerned with the safety of the children. She questioned whether this site was really a good place for another school because of its potential traffic safety impacts. (22) Brad Van Thof, 31271 Via Parra, spoke in support of the project, noting that the traffic mitigation measures were extensive, but the school was willing to provide the required improvements. RECESS AND RECONVENE Council recessed at 9:30 p.m. and reconvened at 9:40 p.m. (23) Muriel Beery, 32202 Alipaz, #224, spoke in opposition to the proposed project due to traffic concerns. (24) Jeanie Markham, 29353 Edgewood, speaking also for her mother-in-Iaw, noted the family's history in the area. She spoke in support of the school. (25) Mark Bauer, 33215 Paseo Molinos, spoke in support of the project because he felt the best use of this land was for the children. (26) Jeff Rigsby, 31571 Via Dulcinea, stated his support of the project, noting that schools will continue to be a high -demand item in the City. He felt the traffic would ultimately be okay and the school would be a good neighbor. (27) Michael Thorpe, 32302 Alipaz, #158, stated opposition to the project due to traffic concerns he felt could not be mitigated. (28) Ken Friess, 31506 Paseo Christina, stated that he had served on the City Council for 17 years, was not now involved with the school and only represented himself. He supported the school as the best of all possible uses and as a good alternative to open space. (29) Scott Bayles, 26342 Golada, spoke in support of the school, noting the amount of open space it contained. (30) Edward Carney, Applicant, 32532 Alipaz, stated that over the last 9-10 months he had attended many meetings and had heard many concerns regarding traffic and noise. He stated that the architect had designed the site to muffle school sounds and that they wanted to be a good neighbor. They had paid for two traffic reports and they were willing to pay their fair share of traffic improvements. He stated that 55% of the space will be left open which was approximately 12 acres. He stated that the roads and sidewalks improvements would be made immediately and he urged the Council to support the project. City Council Minutes -14- 911198 303 (31) Pat Forster, 31861 Calle Winona, stated that it was his family who sold the property to the school and spoke in support of the project. (32) Barney Meyer, 32861 Via Del Amo, stated he was opposed to the project because of the traffic impact. (33) Esther Nesland, 32221 Alipaz, 4232, spoke in support of the school, stating that a Christian school would be a better use of the property than high-density housing. She noted that peak traffic would be at two predictable times during the day. (34) Lisa Henjum, 32935 Calle Del Tesoro, spoke in support of the school. (35) Mike Henjum, 32935 Calle Del Tesoro, urged approval of the project. (36) Steve Williams, 26651 Buckingham, stated his support of the project. (37) Daniel Hicks, 32552 Alipaz, #5B, stated concern that there was an open drainage ditch along Alipaz which creates the effect of a bottleneck. He questioned how the project could proceed without making the necessary improvement to eliminate the bottleneck; noting that extreme prices would be paid by residents along Alipaz if the project went forward without the necessary improvements. (38) Mark Hassinger, 1341 Altura Street, San Clemente, urged the Council to vote in favor of the project. (39) Tony Forster, address not reported, stated that his family had sold the property to the school effective on July 24, 1998. He noted this his family had been approached by many developers over the years who wanted to buy the land. He felt the choice was residential, with all the attendant problems, or the school. He discussed traffic concerns, stating that the City must take responsibility to solve traffic problems. He urged approval of the school, noting that the Forster family was proud of the school. (40) Orrie Brown, 31481 La Matanza, spoke in opposition to the project, stating there were questions and areas of concern that had not been addressed. She felt the traffic report was incomplete and did not take all points of intersection along Alipaz into consideration; the open drainage ditch on Alipaz was a concern that needed to be mitigated; the train tracks and Del Obispo bridge were items that could not be mitigated; the attendance figures for students residing in the City were inconsistent. She felt that the number of required mitigation measures indicated the project was not right for the area; she further felt the project was not in the best interests of the citizens. Applicant's Comments: Bruce Harbin, speaking on behalf of the applicant, stated that it appeared the main concerns related to traffic impacts. He indicated that many traffic problems already existing in the City would be improved through conditions placed on the school, as summarized in the staff City Council Minutes -15- 9/1/98 304 report. He further emphasized that the traffic report presented a worst-case scenario. He — noted a number of issues that had not been considered in the traffic report, including a monitor program whereby a certain number of cars would be coming to school and not leaving; that 50% of the enrollment would be from San Juan Capistrano residents; 90% of the students will live in the Capistrano Unified School District; the varied arrival times associated with the different programs; and, the traffic impact would occur for less than the year. He advised that all traffic mitigations would be in place by year 4, long before full capacity was achieved; the majority of the improvements would be in place in year 1. He discussed their on-site drop-off facilities and parking strategies. He indicated they were not trying to rush the project; they had been meeting with community leaders and the City's commissions for a year and with the support indicated at those levels, it had seemed prudent to purchase the property before final approvals had been received. He indicated their advertisement that had gone out to homes in the area had not intended to imply that the project was "a done deal." He reiterated that the traffic impacts would be mitigated and that the traffic report indicated that the project could work and based on the mitigations the project does work and the project can be successfully implemented. He again emphasized that the school began in San Juan Capistrano, its leaderships' roots were in San Juan Capistrano, it would serve San Juan Capistrano, and it was desperately needed. He urged the City Council to look to the future and meet the needs of the residents by approving the project. There being no further response, the Public Hearing was declared closed. Council Comments: Council Member Campbell indicated that she had struggled with this issue. She felt the concerns that had been expressed were very valid. She felt investing in children was the best investment to be made. She noted that the school had been given a heavy burden in required mitigation conditions and commended them for their willingness to accept the conditions. She indicated her support of the project. Council Member Hart stated that his own children had gone to the private schools. He noted he was the one who had requested up the moratorium to allow the opportunity to update the General Plan, and to address Levels of Service in the community, and geotechnical problems. He felt he needed the information that would be forthcoming from that update to make proper decisions. He stated he did not have a problem with the school, but did have a problem with analyzing the traffic impacts without the proper information. He felt it would be hypocritical for him, after requesting the moratorium, to let this project go through. He indicated that he had not thought about schools when considering the moratorium; however, if he had he would have asked that private schools be included. For that reason he would oppose the project at this time. Once the moratorium was over he would be willing to re- consider the project. Council Member Swerdlin stated that Council needed to look at this project with the General Plan update in mind because this was a significant land use decision. Like Council Member Hart, he preferred to wait until the General Plan update was complete, especially since the General Plan sets the vision for the community. He noted that the State -mandated issue of City Council Minutes -16- 9/1198 305 affordable housing would also be addressed through the General Plan update; indicating that this property could be addressed in that light. He stated that he was unsure if this was the right location for the school and could not support this project at this time. Council Member Greiner stated that this was an extremely complex issue especially with the traffic mitigations that were so remote from the site. He stated that he had performed the duty of crossing guard at Del Obispo School and he could fully appreciate the traffic safety concerns. He felt that there would definitely be a negative impact on the traffic in that area. He noted the need for more classrooms and this project would address some of that concern, but not as much as it might first appear. He stated that he was not against the private school, but was unsure if this area was the right place for it. He stated that he would vote against this project. Mayor Jones stated that private school should have been included in the moratorium. He noted that while this project had 42 conditions imposed on it, the issues of the railroad tracks and the pedestrian traffic in the area had not been addressed. He expressed concern with the ability of the narrow Del Obispo bridge to accommodate additional traffic and with flooding issues. He did not oppose the school but he was not comfortable with the project as it was proposed. He also indicated concerns with the temporary buildings, and the project phasing. He indicated that the project should have had a Council work session early on in the process. Motion to Deny Project - Died for Lack of a Second: Council Member Greiner moved to deny the proposed rezone, floodplain land use permit and architectural control. Following Mr. Harbin's comments and Council discussion, the motion died for lack of a second. Discussion re Withdrawal of Project: Bruce Harbin asked if this project could be withdrawn and reevaluated when the General Plan update had been completed. The City Attorney stated that the applicant could withdraw the project and there would be no further action on the Council's part. Discussion ensured regarding timing of the moratorium, and strategies for addressing the project in the future. Acceptance of Withdrawal of Application: Bruce Harbin stated that he would like to withdraw the application. It was moved by Council Member Campbell and seconded by Council Member Hart and unanimously carried to accept the applicant's withdrawal of the project, noting that any future project resubmittal would not be processed until the General Plan update was complete. RECESS AND RECONVENE Council recessed at 11: 25 p.m. and reconvened at 11:35 p.m. The following item was heard out of order from the Agenda: City Council Minutes 47- 911198 306 ADMINISTRATIVE ITEMS PUBLIC WORKS DIRECTOR AWARD OF LANDSCAPE MAINTENANCE CONTRACT - CITY SPORTS PARK (BOTACO.INC.)(600.30) Written Communications: (1) Report dated September 1, 1998, from the Public Works Director, recommending that the maintenance of the City Sports Park be awarded to the qualified Contractor, BotaCo, Inc., (2) Memorandum received August 31, 1998, from Warren G. Michaelis, 28421 Via Ordaz, stating reasons why he should be awarded the contract. Amy Amirani, Public Works Director, provided background information on this project and noted that new bids had been solicited. Following review of the bids received, the recommendation to award the contract to BotaCo had been made. Public Comments Warren G. Michaelis, 28421 Via Ordaz, stated that his bid would save the City $8,000. The Public Works Director indicated she had not been satisfied with the information received from Mr. Michaelis and stated that he did not meet the minimum requirements of the specifications. Acceptance „of Bids and Award It was moved by Council Member Hart, seconded by Council Member Greiner, and unanimously carried to accept the bids as submitted and to award the contract for maintenance of the City Sports Park to the qualified contractor, BotaCo, at $136,500 for a 21 -month period ending June 30, 2000. RECESS AND RECONVENE Council recessed at 11:42 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 11:44 p.m. ADMINISTRATIVE ITEMS CITY MANAGER INTRODUCTION OF ORDINANCE PROHIBITING THE LANDING OF HELICOPTERS AND OTHER TYPES OF LANDINGS _.(940.35) Written Communications: Report dated September 1, 1998, from the Assistant City Manager advising that several months prior, the City Council was asked to consider an ordinance to prohibit landings of City Council Minutes -18- 9/1/98 307 helicopters within the City limits. At the present time, the Municipal Code did not contain specific provisions prohibiting such landings. Jennifer Murray, Assistant City Manager, made an oral presentation, stating that the FAA did not have restrictions governing helicopters and that restrictions would be placed by local jurisdiction. Approval of Proposed Ordinance The City Clerk read the title of the Ordinance next in order. Further reading of all ordinance had been waived earlier in the meeting. It was moved by Council Member Campbell, seconded by Council Member Swerdlin and the following Ordinance be introduced: REGULATION OF HELICOPTER LANDINGS AND OTHER LANDINGS - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROHIBITING HELICOPTER LANDINGS AND OTHER LANDINGS WITHIN THE CITY BOUNDARIES BY ADDING CHAPTER 29, "REGULATION OF HELICOPTER LANDINGS AND OTHER LANDINGS," TO TITLE 5 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None 2. EXTENSION OF THE EXISTING MEMORANDUM OF UNDERSTANDING WITH THE CHAMBER OF COMMERCE FOR THE PROVISION OF VISITOR SERVICES DURING FISCAL YEAR 98-99 600.30 Written Communication: Report dated September 1, 1998, from the Economic Development Administrator, advising that in October 1996 the City Council had approved a Memorandum of Understanding between the City and Chamber of Commerce which funded $25,000 for visitors services in fiscal year 1996-1997, which was then extended for fiscal year 1997-1998. The City Council was requested to again extend the MOU for Fiscal Year 1998-99. Jennifer Murray, Assistant City Manager, made a brief oral presentation. Public Comments Tom Facon, Executive Director of the Chamber of Commerce, 31781 Camino Capistrano, 4306, spoke in support of extending the MOU with the Chamber. City Council Minutes -19- 911198 308 Adoption of Proposed Extension It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried to approve the extension of the existing Memorandum of Understanding with the Chamber of Commerce, for the period of September 1, 1998 to June 30, 1999, with the City funding of $25,000. PLANNING DIRECTOR APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S ACTION OF JULY 14, 1998, DENYING A 6 -FOOT HIGH MONUMENT SIGN FOR MARIE CALLENDER'S RESTAURANT LOCATED AT 31791 DEL OBISPO STREET (MARIE CALLENDER'S) (410.40) Applicant: Marie Callender's Restaurant, 31791 Del Obispo, San Juan Capistrano, CA 92675 Sign Company/Appellant: Signtech Electrical Advertising, Inc., 4444 Federal Blvd., San Diego, CA 92102 Written Communication: Report dated September 1, 1998 from the Planning Director, advising that on July 14, 1998, the Planning Commission had considered an application by Marie Callender's restaurant to install a new monument sign. The Planning Commission felt the proposed sign did not meet the design criteria of the Municipal Code or the Architectural Design Guidelines, and denied the request. Neal Hardy, representing Signtech, the sign contractor, had appealed the decision. Thomas Tomlinson, Planning Director, made an oral presentation, noting that staff had felt the proposed sign modification was consistent with the design guidelines in the Municipal Code; however, the Commission had denied the application. He stated that Staff continued to support the sign modification subject to following four conditions: The sign be lowered from 6' to 5' high; the design shall incorporate radius corners at the top of the sign; the paint color for the letters be specified on the plans as a "matte" color; and, that landscaping be planted at either end of the sign to screen the base of the sign from view. Appellant Comments Art Navarro, Representative from SignTech, 4444 Federal Blvd., San Diego, CA 92102, stated their intent to match the building stucco. He submitted a rendering incorporating staff's recommendations. Approval of Appeal: It was moved by Council Member Hart, and seconded by Council Member Greiner that the following Resolution be adopted: City Council Minutes -20- 91]/98 309 RESOLUTION NO. 98-9-1-6 APPROVING APPEAL OF PLANNING COMMISSION'S PREVIOUS DENIAL - SIGN PERMIT 98-19. (MARIE CALLENDER'S - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPEAL OF THE PLANNING COMMISSION'S PREVIOUS DENIAL OF SIGN PERMIT 98-19 (MARIE CALLENDER'S) The motion carried by the following vote: AYES: NOES: ABSENT: ORDINANCES None COUNCILMANIC ITEMS Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones None None 1. APPROVAL OF RECOMMENDATION TO ESTABLISH A CITY COUNCIL SUBCOMMITTEE FOR THE PLANNING OF THE NEW COMMUNITY CENTER GRAND OPENING FESTIVITIES_ 210.30 Written Communication: Report dated September 1, 1998, from the Community Services Director, requesting appointment of two City Council Members to work with Staff in planning the Community Center grand opening celebration. Al King, Jr., made an oral presentation, noting that very tentative dates for the event had been identified and the Contractor should be off the site by October 23, 1998. Appointment of Subcommittee: It was moved by Council Member Hart, seconded by Council Member Campbell and unanimously carried to appoint Council Member Greiner and Mayor Jones to work with staff in planning the Community Center grand opening. 2. APPROVAL OF RECOMMENDATIONS FROM THE CITY COUNCIL SUBCOMMITTEE ON COMMUNITY ORGANIZATION FUNDING REQUESTS 330.20 Written Communication: Report dated September 1, 1998, from the Council Members Wyatt Hart and David Swerdlin, the City Council Subcommittee on Community Promotion Funding, forwarding a recommendation for the allocation of Community Organization funds to twelve City Council Minutes -21- 911198 310 organizations in the amount of $45,998 for Fiscal Year 1998-99. An amount of $47,000 had been budgeted for Fiscal Year 1998-99 and the Subcommittee recommended that the remaining $1,002 be retained for consideration of future funding requests. Bea Field, 32302 Alipaz, representing South Orange County Community Services Council, and Linda Hunter, 980 Catalina, Laguna Beach, representing CSP Youth Shelter, had submitted request to speak forms, but did not respond with called upon. Approval of Recommendation It was moved by Council Member Greiner, seconded by Council Member Campbell and unanimously carried to approve the following Community Organization funding allocations in the amount of $45,998 and to retain the remaining $1,002 for consideration of future funding requests: Camino Health Center ...................... $12,000 Capistrano Indian Council .................... $1,500 Community Counseling Center ................ $3,000 CSP Youth Shelter .......................... $1,000 Fran Joswick Therapeutic Riding Center ......... $1,400 Once Upon A Story ......................... $3,198 Orange County Council on Aging .............. $1,400 Red Ribbon Week .......................... $1,000 San Juan Task Force ........................ $6,000 South County Sr. Services (Shared Housing) ..... $5,000 South County Sr. Services (Meals) ............ $10,000 South County Community Services Council ........ $500 3. APPROVAL OF APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (140.20) Written Communication: Report dated September 1, 1998, from the City Clerk, advising that the 1998 Annual League of California Cities Conference will be held from October 2, 1998 to October 4, 1998, at the Long Beach Convention Center. Each City had been requested to designate a Voting Representative and an Alternate to the attend the Business Meeting on October 3rd and represent the City. Appointment of Delegate and Alternate: It was moved by Council Member Hart, seconded by Council member Campbell and unanimously carried to appoint Council Member Greiner as the City's Delegate and Council Member Swerdlin as Alternate to represent the City at the Annual League of California Cities Business Session. City Council Minutes -22- 911198 1 4. ORAL REPORTS OF OUTSIDE AGENCIES a. Orange County Joint Fire Authori 5tv ( 40.801 Council Member Greiner noted that on August 28, 1998, a preliminary discussion had occurred regarding relocation of the administrative operations to the Union Bank Building adjacent to the Orange County Transportation Authority. b. NbLaa Advisoa Board 950.20 Council Member Greiner noted that on August 28, 1998, the Board had reviewed new State funding sources. He indicated that due to the new funding sources, the San Juan Capistrano library may become self-sufficient in the future. COUNCIL COMMENTS MEETING ATTENDANCE 610.25 Council Member Campbell noted that she will be speaking at a California Peace Officers Association meeting in Sacramento on September 15, 1998, and may arrive at the City Council meeting late. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:05 a.m., Wednesday, September 2, 1998, to the next regular meeting date of Tuesday, September 15, 1998, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, ATTEST: i i GIL .TONE _ AYOR City Council Minutes -23- 911198 311