99-0216_CC_Minutes_Regular Meeting047
FEBRUARY 16,1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610,85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.9(b)(1), 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 Greiner at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Doran Tregarthen, St. Margaret of Scotland
Episcopal Church.
Mayor Greiner dedicated the meeting in memory of Magdalena Ramirez and Cristian Uribe, San
Juan Capistrano residents who were killed in a February 3, 1999 accident on the San Joaquin Hills
Transportation Corridor.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Wyatt Hart, Council Member
Gil Jones. 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. Russell, Administrative
Services Director; William M. Huber, Engineering and Building Director; Al King, Community
Services Director; Amy Amirani, Public Works Director; Lt. Bill Leonard, Orange County Sheriffs
Department; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Greiner announced there were no actions to report on the Closed Session items.
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INTRODUCTIONS AND PRESENTATIONS
PRESENTATION OF MEDAL OF COURAGE TO HENRY CERVANTES
61( 0.40)
Written Communication:
Report dated February 16, 1999, from the Community Liaison, advising that Henry
Cervantes would be recognized for his heroic actions on December 3, 1998, in rescuing
Lovely Dobbins from a burning vehicle.
Deputy Chief Pat McIntosh, representing the Orange County Fire Authority, presented
Certificate of Valor Chiefs Award to Mr. Cervantes. Mayor Greiner presented a Community
Service Award and a Medal of Courage on behalf of the City. Ms. Dobbins and her family
were in attendance and also expressed their appreciation to Mr. Cervantes.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Bill Hardy and
Don Tryon, Cultural Heritage Commission; Marie Buckner and Maryrose Winkler, Housing
Advisory Committee; Ed Johnson, Planning Commission; Mike Rosenberger, Transportation
Commission; Ken Friess, former Mayor; and Pauline Leonard.
ORAL COMMUNICATIONS
(CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
1. CITIZEN APPRECIATION 130.10
Barbara Rosenbaum, 28431 Via Anzar, advised the Council of her pending move to Coto de
Caza. Ms. Rosenbaum noted that she had worked with the City's Task Force and
commended the community organizations, the local volunteers and the City employees who
assisted with youth activities. Ms. Rosenbaum suggested that the old Boys & Girls Club
facility could be used for child care and parenting classes; and, noted that there was a need
for affordable housing in town.
CONSENT CALENDAR
It was moved by Council Member Swerdlin, seconded by Council Member Jones, 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 Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
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MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of January 19, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF FEBRUARY 1, 1999 (300.30)
The List of Demands payable dated February 1, 1999, in the total amount of $1,295,665.47
was ordered received and filed.
4. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION
STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK (SAN JUAN
LITTLE LEAGUE)(600.30
As set forth in the Report dated February 16, 1999, from the Community Services Director,
the License Agreement with the San Juan Capistrano Little League for the use of the
concession stand at the San Juan Capistrano Sports Park for the period of February 17, 1999,
through August 17, 1999, was approved.
ADOPTION OF GEOGRAPHIC INFORMATION SYSTEM GIS DIGITAL
SUBMISSION STANDARDS FOR DEVELOPMENT PROJECTS 830.10
As set forth in the Report dated February 16, 1999, from the Public Works Director, the GIS
Digital Submission Standards for the City of San Juan Capistrano were adopted.
6. REPORT OF INVESTMENTS - MONTH ENDING JANUARY .31, 1999 (350.30)
The City Treasurer's Report of Investments for the month ending January 31, 1999, in the
total amount of $19,454,451.63, was ordered received and filed.
The following item was withdrawn from the Consent Calendar at the request of Staff and continued
to March 16, 1999:
CONTINUATION OF CONSIDERATION OF A RESOLUTION ACCEPTING
RIGHT-OF-WAY, CAMINO CAPISTRANO AT STONEHILL DRIVE (LOT LINE
ADJUSTMENT 98-8, BLUE SKY PROPERTIES/CAPISTRANO FORD)(670 5M
Written Communications:
I. Report dated February 16, 1999, from the 'Director of Engineering and Building,
recommending adoption of a Resolution accepting a portion of right-of-way that had
not been properly obtained by the State of California when Camino Capistrano was
improved in 1931.
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2. Memorandum dated February 16, 1999, from the Director of Engineering and
Building, requesting that this item be continued to March 16, 1999, in order to
resolve the title officer's request for modifications to the Grant Deed.
PUBLIC HEARINGS
APPROVAL OF REQUEST FOR TEMPORARY STREET CLOSURES -
ANNUAL SWALLOWS DAY PARADE AND MERCADO, SATURDAY,
MARCH 20, 1999 X150.60
Proposal:
Consideration of a request for temporary street closures and issuance of a parade permit in
conjunction with the Annual Swallow's Day Parade and Mercado scheduled for Saturday,
March 21, 1999,
Written Communications:
Report dated February 16, 1999, from the Engineering and Building Director, forwarding
maps of the parade route and necessary street closures for both the parade and Mercado to
be held on Saturday, March 20, 1999. The parade will begin at 11:00 a.m., with street
closures beginning at 6:00 a.m. The Mercado will be held between the hours of 8:00 a.m.
to 5:30 p.m. and require street closures until approximately 8:00 p.m.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and,
there being no response closed the Hearing with the right to re -open at any time.
Approval of Temporary Street Closures and Issuance of Parade Permit:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to: (1) approve the temporary street closures for the Fiesta De Las
Golondrinas Parade and the Mercado on Saturday, March 20, 1999; and, (2) approve the
issuance of a parade permit to the San Juan Capistrano Fiesta Association, per the City's
Municipal Code Section 5-11.05(b)."
2. APPROVAL OF REZONE 98-03, A ZONE CHANGE FROM _ GROWTH
MANAGEMENT DISTRICT TO PUBLIC AND INSTITUTIONAL DISTRICT TO
PERMIT CONSTRUCTION OF A SENIOR ALZHEIMER'S CARE FACILITY AT
THE SOUTHWEST CORNER OF CAMINO CAPISTRANO AND JUNIPERO
SERRA ROAD SILVERADO SENIOR LIVING 460.20
Proposal:
Consideration of a rezone of property located at the southwest corner of Junipero Sera Road
and Camino Capistrano from Growth Management District, which does not designate
Convalescent and Nursing Homes as a permitted use, to Public and Institutional, to allow an
Alzheimer's care facility as a Conditional Use. Also under consideration is the concept of
a 15 -foot -wide shared driveway and 14 -space parking lot at the north end of the site, which
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will provide access to a portion of the City's Northwest Open Space located immediately
adjacent to the project site.
Applicant/Property Owner:
Silverado Senior Living, Attn: Loren Shook, 11 Mareblu, Suite 200, Aliso Viejo, CA 92656
Engineer/Architect:
Irwin Architectural Group, Attn: Doug Pancake, 7400 Center Avenue, Suite 215, Huntington
Beach, CA 92647
Written Communications:
Report dated February 16, 1999, from the Planning Director, advising that the applicant
proposes to construct a 38,000 -square -foot Alzheimer's care facility located at the
intersection of Junipero Serra Road and Camino Capistrano. The single, 48 -unit building
will have a central courtyard and will provide 42 parking spaces.
Site plan elevations were on display and the Planning Director made an oral presentation,
specifically addressing parking issues. He emphasized that all required parking was
available on-site; the shared parking would allow access to a fairly isolated portion of the
Northwest Open Space that could not otherwise be accessed except by building a bridge
across Trabuco Creek or building a ramp access to the property. He further discussed
security provided by the facility to assure that residents were not able to wander off the site.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
the following persons responded:
1. Loren Shook, applicant, 30961 Hunt Club Drive, addressed the issue of employee
parking and staffing and visitor parking.
2. Ira Zimmerman, 31512 Calle La Purisima, stated concerns with the location of the
facility adjacent to the railroad tracks in terms of assuring residents could not wander
onto the tracks. He further felt the noise of the train could bother the residents. Mr.
Shook noted that noise was a concern and described the steps they had taken to
mitigate its impacts.
There being no further response, Mayor Greiner declared the Public Hearing closed with the
right to re -open at any time.
Adoption of Resolution:
It was moved by Council Member Swerdlin,
following Resolution be adopted:
seconded by Council Member Hart, that the
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RESOLUTION NO. 99-2-16-1 CONFIRMING MITIGATED NEGATIVE
DECLARATION - SILVERADO SENIOR LIVING - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION ASSOCIATED WITH THE CONSTRUCTION OF AN
ALZHEIMER'S CARE FACILITY LOCATED AT ASSESSOR'S PARCEL
NUMBER 121-070-08 - SOUTHWEST CORNER OF CAMINO
CAPISTRANO AND JUNIPERO SERRA ROAD (SILVERADO SENIOR
LIVING)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Introduction of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all ordinances
had been waived earlier in the meeting. It was moved by Council Member Campbell,
seconded by Council Member Swerdlin that the following Ordinance be introduced, with
conditions requiring a reciprocal access and parking license agreement for the shared
driveway and parking facilities on Northwest Open Space adjacent to the site and approval
of the security measures by the Chief of Police:
APPROVING REZONE 98-3 - SILVERADO SENIOR LIVING - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 98-3 TO REZONE
APPROXIMATELY THREE ACRES LOCATED ALONG THE WEST
SIDE OF CAMINO CAPISTRANO IMMEDIATELY SOUTH OF
JUNIPERO SERRA ROAD FROM THE GROWTH MANAGEMENT
ZONE DISTRICT TO THE PUBLIC AND INSTITUTIONAL ZONE
DISTRICT (SILVERADO SENIOR LIVING)
The motion carried by the following vote:
AYES. Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
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3. ADOPTION OF REVISED DEVELOPMENT DEPOSIT AND FEE SCHEDULE
42! 0.20)
Written Communications:
Report dated February 16, 1999, from the Planning Director, advising that a number of code
amendments had been adopted by the City regarding modified review procedures and new
types of applications now required by the Municipal Code. It was now appropriate to revise
the fee schedule to insure that charges are directly related to the cost of processing
applications. The revised fee schedule would also include a fee for converting plans that
were not submitted in a digital format, in order to maintain the City's Geographic
Information System data base.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
there being no response, declared the Public Hearing closed with the right to re -open at any
time.
Adoption of Resolution:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the following Resolution approving the revised Development
Application Fee and Deposit Schedule and Digital Submission Fee be adopted:
RESOLUTION NO. 99-2-16-2 ADOPTING REVISED DEVELOPMENT
APPLICATION AND DEPOSIT FEE SCHEDULE - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING A REVISED DEVELOPMENT
APPLICATION FEE AND DEPOSIT RESOLUTION AS AUTHORIZED
BY TITLE 9, CHAPTER 2, ARTICLE 3, SECTION 9-2.316 OF THE
MUNICIPAL CODE AND REPEALING RESOLUTIONS NO. 93-1-5-3
AND 91-7-2-4
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Recognition of Boy Scouts in Attendance
Three Boy Scouts from Troop 724 were recognized for being present as a requirement toward
earning their citizenship and communication badges; City pins were presented to each Scout.
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RECESS AND RECONVENE
Council recessed at 7:53 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 7:56 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
1. APPROVAL OF BUDGET AMENDMENT, PLANS AND SPECIFICATIONS,
AND AUTHORIZATION TO RECEIVE BIDS - CAMINO AVION LANDSCAPE
PROJECT (CIP NO. 131) (600.30) (CONTINUED FROM MEETING OF
JANUARY 19, 1999)
Written Communications:
Report dated February 2, 1999, from the Director of Engineering and Building, forwarding
additional information regarding project history, consistency with the initial concept plan and
the projected costs, as requested on January 19, 1999.
Renderings of the proposed plans and plant material were on display and the Engineering and
Building Director made an oral presentation. He advised that an overall concept plan had
been developed for Camino Del Avion and had been approved by the Planning Commission
on June 23, 1998; the plan under consideration was for a portion of the south side of the
street and was consistent with the approved plan. He advised that the current cost estimate
was approximately $50,000.
Public Comments:
1. Carolyn Nash, 32906 Avenida Descanso, requested that the number of trees in the
landscape area be reduced by approximately 113 and grouped into twos and threes;
that the mix of trees be modified to include three Liquid Amber trees to one Brisbane
Box Tree; and, requested that the trees be planted in an undulating manner rather
than a straight line.
Council Comments:
Council Member Jones concurred with a reduction in the number oftrees. He stated concern
regarding increased costs; stated that the area was unattractive because previous landscaping
had died and the backyard walls facing the street were not uniform in appearance. Council
Members Swerdlin and Campbell concurred with Mrs. Nash's suggestions; Mr. Huber
advised that the planting area was only 5 -feet -wide but the trees would be planted in an
undulating manner as far as possible.
Approval of Plans and Specifications -
It
ecifications:It was moved by Council Member Campbell, seconded by Council Member Hart and
unanimously carried to approve the plans and specifications and call for bids for the Camino
Del Avion Landscape Project based on Project Description and Scope of Services; to
authorize a budget amendment increase to CTP No. 131 in the amount of $24,000 for a total
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055
project cost of $50,000; and to direct staff to incorporate Mrs. Nash's suggestions as much
as possible.
COMMUNITY SERVICES DIRECTOR
APPROVAL OF REVISIONS TO ADMINISTRATIVE POLICY NO. 606 -
P_UBLIC REQUESTS FOR FEE REDUCTIONS OR WAIVERS FOR RENTALS
OF CITY FACILITIES PARKS BUILDINGS AND ATHLETIC FIELDS
10( 0.20)
Written Communication:
Report dated February 2, 1999, from the Community Services Director, advising that in
April of 1996, the City had implemented Administrative Policy No. 606 which established
a procedure defining how the public could qualify for a reduction of City facility rental fees.
The public has inquired about rental fee reductions for the new Community Center and Staff
recommended that fee reductions for the Community Center be granted on a minimal basis
to ensure that City costs are recovered.
Approval of Revisions:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried to concur with the proposed revisions to Administrative Policy No. 606,
relating to public requests for reduction or waiver of rental fees for City Facilities.
PLANNING DIRECTOR
APPROVAL OF A REQUEST FOR A WAIVER OF TENTATIVE PARCEL MAP
92-125 LOCATED AT THE NORTHEAST CORNER OF ORTEGA HIGHWAY
AND RANCHO VIEJO ROAD (HIRSON)(420.70)
Applicant:
Geoff Hirson, 27201 Ortega Highway, San Juan Capistrano, CA 92675
Written Communications:
Report dated February 16, 1999, from the Planning Director, advising that Tentative Parcel
Map 92-125 had expired on August 18, 1997. The property owner had requested a waiver
of the requirement to file a Tentative Parcel Map in order to re-establish the prior
entitlements. The prior entitlements, which include General Plan Amendment 92-2, Rezone
91-4 and Architectural Control 91-9, remain valid. The Map approved the subdivision of a
2.37 -acre parcel at the northeast corner of Ortega Highway and Rancho Viejo road into four
numbered lots and a lettered lot consisting of parking and common landscape areas. The
Report forwarded a Resolution to approve the requested waiver, which will ultimately allow
the filing of Final Map 92-125.
Thomas Tomlinson, Planning Director, made an oral presentation advising that all
improvements had have been completed and all requirements had been satisfied; therefore,
staff felt it was appropriate to waive the Tentative Parcel Map.
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Public Comments:
1. Garfield Logan, 30448 Rancho Viejo Road, Suite 110, stated that he was present to
answer any questions pertaining to the development's CC&R's, ingress, egress and
parking.
2. Wendall Nick, 31502 Galano Way, stated that he was a 20 -year -resident and his
home bordered the north end of this property. Mr. Nick expressed concern about
future development of this parcel, stating that there was a history of building and
construction violations during development of the car wash currently on the site. He
noted how the neighborhood had been impacted during that construction and
suggested that there be a neighborhood liaison with the developer and that the
construction hours be enforced. He also advised that the back of his property had not
been accessible for 10 years because of the development. He stated the previous
developer was to have provided landscaping bordering the neighborhood and asked
whether the present developer could be required to install that landscaping.
Mr. Tomlinson stated that Mr. Nick had legitimate concerns, but the item under
consideration by Council did not deal with the ultimate development of the site; however,
the resident's ideas could be incorporated into ultimate development of the site and staff had
developed a pre -notification format to mitigate the neighborhood's concerns.
Council Comments:
Council Member Campbell expressed concerns regarding violations of hours of work and
was assured that whenever the Code Enforcement Officer was not on duty, the Sheriff's
Deputies would provide enforcement. The City Attorney advised he would be interested in
working with the residents and initiating a special enforcement program with them to assure
future development on the parcel was handled correctly.
Adoption of Resolution:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the following Resolution be adopted:
RESOLUTIONNO.99-2-16-3 APPROVING TENTATIVE PARCEL MAP
92-125 WAIVER (HIRSON/PLAZA DE LAS GOLONDRINAS) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A
WAIVER OF TENTATIVE PARCEL MAP 92-125 LOCATED AT THE
NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO
ROAD (HIRSON/PLAZA DE LAS GOLONDRINAS)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
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Charles Benninghoff, 31411 Camino Capistrano, previous owner of the property, indicated
that he had obtained the zoning on this parcel by working with the neighborhood. With
approval of the waiver he would do everything possible to return ownership of the parcel to
his family and would once again work with the neighbors at every turn.
ORDINANCES
ADOPTION OF AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE -
PROCUREMENT PROCEDURES 370.50/610.30/1x0.20
Written Communications:
Report dated February 16, 1999, from the City Clerk, advising that the Ordinance was
introduced at the meeting of February 2, 1999, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Campbell that the following Ordinance be adopted:
ORDINANCE NO.834, AMENDING TITLE 3 OF THE MUNICIPAL
CODE -PROCUREMENT PROCEDURES - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 4, "PROCUREMENT
PROCEDURES", OF TITLE 3, "FINANCE," OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
I. ANNUAL APPOINTMENT TO COMMISSIONS AND COMMITTEES (110.20)
Written Communication:
Report dated February 2, 1999, from the Personnel Manager, advising that the term of office
for all advisory group appointments expires on March 31 of each year, pursuant to Council
Policy No. 202.
The City Manager suggested that if Council felt there had not been an adequate number of
applications received to fill the vacancies, the deadline could be extended and the ad hoc
committee authorized to direct the City Clerk to re -advertise if they felt it was necessary.
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Appointment of Ad Hoc Committee:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that Council Member Swerdlin and Council Member Hart be appointed
as an ad hoc committee to review the applications.
Extension of Application Deadline:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the application deadline be extended to February 23, 1999, at 5:00
p.m.
Authorization to Re -Advertise for Applications:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to grant the ad hoc committee the authority to direct the City Clerk to
re -advertise the vacancies if they felt it was necessary.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern and San Joaquin Hills Transportation Corridors _(800.50)
Council Member Campbell advised that maps indicating the status of various
transportation corridors will be available at the next meeting.
b. Orange Count, Joint Fire Authority (540.80)
Mayor Greiner noted that the equity study report had been presented and information
will come forward for recommendations on positions.
Orange Cognty Waste Management Commission 810.10
Mayor Greiner advised that he had been selected as Vice Chairman of the
Commission.
COUNCIL COMMENTS
CHARITY EVENT 150.60
Council Member Swerdlin noted that a golf tournament will be held on March 1, 1999, to
benefit the San Juan Capistrano Boys & Girls Club.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:35 p.m., to the
next regular meeting date of Tuesday, March 2, 1999, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
�jMe'
CHERYL JONKSON, CITY CLERK
ATTEST:
r
J GREW R, MAYO
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