99-0302_CC_Minutes_Regular Meeting061
MARCH 2,1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
The Closed Session at 5:30 p.m. for the following purposes, as authorized by statute was canceled:
1. 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 Monsignor Martin, Mission San Juan Capistrano.
RECOGNITION OF BOY SCOUTS IN ATTENDANCE
Mayor Greiner recognized the Boy Scouts in attendance from Troop #724 to meet the requirements
of the citizenship in the community merit badge.
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; Tom Tomlinson, Planning Director.-
William
irector;William M. Huber, Engineering and Building Director; Al King, Community Services Director; and
Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
CITY COUNCIL
Mayor Greiner announced that the scheduled Closed Session had been canceled.
City Council Minutes -1- 312199
062
INTRODUCTIONS AND PRESENTATIONS
1. PROCLAMATION DESIGNATING FEBRUARY 1, 1999 THROUGH APRIL 30.
1999 AS FIESTA DE LAS GOLONDRINAS 610.40
Written Communication:
Report dated March 2, 1999, from the City Clerk, forwarding the Proclamation and advising
that the Fiesta Association had requested that the City proclaim the period of February 1,
through April 30, 1999, as the "Fiesta de las Golondrinas."
Mayor Greiner read the Proclamation in full. Jeff Schroeder, President of the Fiesta
Association, and members of the Fiesta Association were present to receive the
Proclamation.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Al Simmons,
Senior Liaison; Marie Buckner and Joanne de Guevara, Housing Advisory Committee; and
Sheldon Cohen, Planning Commission.
ORAL COMMUNICATIONS - (CITY COUNCIL/COMMUNITY
REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE
CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS)
1. URBAN GROWTH BOUNDARY (440.70)
Barbara Rosenbaum, 28431 Via Anzar, described the Urban Growth Boundary concept and
felt that adjacent cities should work together to incorporate regional development goals.
2. APPRECIATION (130.10
Al Simmons, expressed appreciation for the outpouring from the San Juan Capistrano
community during his recent surgery.
3. PROPOSED OLSON DEVELOPMENT (TRACT 15771)(420.40
Gail Prothero, 29562 Westmont Court, expressed opposition to the proposed development
at the Southeast corner of Rancho Viejo Road and Village Road based on density issues, as
well as ridgeline view obstruction.
City Council Minutes -2- 312199
063
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 Jones, Swerdlin, Hart, Campbell and Mayor Greiner
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
The Minutes of the Regular Meeting of February 2, 1999, and the Adjourned Regular
Meeting of February 9, 1999, were approved as submitted.
RECEIVE AND FILE WARRANTS OF FEBRUARY 11 1999 300.30
The List of Demands dated February 11, 1999, in the total amount of $737,963.13 was
ordered received and filed.
4. APPROVAL OF FINAL PARCEL MAP 96-159 LOCATED AT THE SOUTHEAST
CORNER OF DEL OBISPO STREET AND ORTEGA HIGHWAY (ALAN
SCHWARTZ/BURGER KING/DEL TACO) _4( 20.70
As set forth in the Report dated March 2, 1999, from the Director of Engineering and
Building, Final Parcel Map 96-159 was approved based on the finding that the Final Map is
in conformance with the Subdivision Map Act and the conditions set forth by City Council
Resolution 97-3-18-1. The City Engineer and City Clerk were authorized to execute the
Final Map. The City Clerk was directed to forward the Final Map to the Orange County
Recorder for recordation.
5. DENIAL OF CLAIMS OF (1) LILLY BHALLA, AND LILLY BHALLA AS
GUARDIAN AD LITEM FOR NEEL BHALLA, A MINOR, (2) KEITH ERIC
GREENHALGH - FOR DAMAGES 170.10
As set forth in the Report dated March 2,1999, from the City Attorney, the claims filed
against the City by Lilly Bhalla and her son Neel Bhalla for damages sustained in an
automobile accident at the intersection of Camino Capistrano and Stonehill on July 23,1998;
City Council Minutes -3- 312199
064
and, the claim against the City from Keith Eric Greenhalgh, for indemnity and comparative
negligence in an amount in excess of $40,000, were denied.
The following item was removed from the Consent Calendar at the request of Council Member
Jones.
AWARD OF BID - FISCAL YEAR 1998-99 PURCHASE OF CITY VEHICLES (370.30)
Written Communication:
Report dated March 2, 1999, from the Public Works Director, recommending award of the
bids submitted for Fiscal Year 1998-99 for the purchase of 10 City vehicles.
Award of Bid:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin and
carried with Council Member Jones abstaining due to a financial conflict of interest relating
to Eberhard Equipment, to accept the bids as submitted and to award the bids to: Villa Ford
in the amount of $60,422.90 for three '/2 -ton pickup trucks; Advantage Ford in the amount
of $85,603.39 for one %-ton shortbed, one 3/4 -ton pickup truck, one 1 -ton four-wheel drive,
one 1 -ton chassis cab, and one 1 -ton flatbed dump truck; Western Truck in the amount of
$40,670 for a 5 -yard dump truck; and, Eberhard Equipment in the amount of $44,867 for a
four-wheel drive loader.
PUBLIC HEARINGS
1. APPROVAL OF PROPOSED REZONE 98-4 AND TENTATIVE PARCEL MAP
99-107 FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF
CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD SYCAMORE
COMMONS/TMC SAN JUAN, LLC)(460.201420.70)
Proposal:
Rezone of approximately 9 acres located at the northeast corner of Camino Capistrano and
Junipero Serra Road from Growth Management to Commercial Office; and, a tentative parcel
map to divide the site into three parcels to provide for development of a 150,000 -square -foot
office complex. The site is designated 1.4 (Medium Density Residential) on the General
Plan Map, which allows for commercial office development.
Property Owner/Applicant:
TMC San Juan, LLC, Attention: Michael Hall, Two Corporate Plaza Drive, Suite 200,
Newport Beach, CA 92660
Written Communications:
1. Report dated March 2, 1999, from the Planning Director, providing background
information and forwarding a recommendation of approval from the Planning
Commission.
City Council Minutes -4- 312199
065
2. Memorandum dated February 24, 1999, from the Planning Director, forwarding the
traffic study prepared for the Sycamore Commons commercial office complex.
Tentative Tract Map plans and elevations were on display and the Planning Director made
an oral presentation. He advised that the ultimate project consisted of three buildings
totaling 150,000 -square -feet. The Architectural Control had been approved by the Planning
Commission and conditions had been added to ensure preservation of the historic sycamore
tree on the site and cedars along Camino Capistrano and Junipero Serra.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
the following person responded:
Michael Hall, applicant, TMC San Juan, LLC, Two Corporate Plaza Drive, Suite
200, Newport Beach, CA 92660, requested Council support of the project as
proposed.
There being no further response, the Public Hearing was declared closed with the right to re-
open at any time.
Introduction of Ordinance Rezoning the Project Site
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones,
seconded by Council Member Swerdlin, that the following Ordinance be introduced:
APPROVING REZONE 98-4 (SYCAMORE COMMONS/TMC SAN
JUAN LLC - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE 98-4 TO REZONE
APPROXIMATELY 9.13 ACRES AT THE NORTHEAST CORNER OF
CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD FROM THE
GROWTH MANAGEMENT (GM) ZONE DISTRICT TO THE
COMMERCIAL OFFICE (CO) ZONE DISTRICT (SYCAMORE
COMMONS/TMC SAN JUAN LLC)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
City Council Minutes -5- 312199
066
Confirming Mitigated Negative Declaration and Approving Tentative Parcel Man
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION 99-3-2-1, CONFIRMING MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE PARCEL MAP 99-107
(SYCAMORE COMMONS/TMC SAN JUAN, LLC) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CONFIRMING A MITIGATED NEGATIVE DECLARATION AND
APPROVING TENTATIVE PARCEL MAP 99-107 (SYCAMORE
COMMONS/TMC SAN JUAN, LLC)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:27 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District and reconvened at 7:29 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF FINAL PARCEL MAP 92-125 LOCATED AT THE
NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD
(PLAZA DE LAS GOLONDRINAS/ORTEGA CAR WASH/HIRSON-
BENNINGHOFF) (CONTINUED FROM FEBRUARY 16 1999 420.70
Written Communications:
Report dated March 2, 1999, from the Director of Engineering and Building, recommending
that a condition be added to the Tentative Tract approvals to require development of a
construction mitigation program in conjunction with any permit for work on the site. The
Report further advised that CC&R's would be recorded concurrently with the Final Map to
ensure common maintenance of parking and landscaped areas and reciprocal access and
parking restrictions.
City Council Minutes -6-
312199
067
William Huber, Director of Engineering and Building, discussed the construction mitigation
program condition that had been added to the Tentative Tract Map conditions of approval
to address concerns raised by residents on February 16, 1999.
Council Comments:
Mayor Greiner, and Council Members Jones, Hart and Campbell expressed concern about
the residents' complaints regarding the previous construction impacts and the lack of
landscaping installation and maintenance, particularly the landscaping along Ganado Way.
Mr. Scarborough advised that a formal complaint regarding this issue had been received and
would be followed up on. Mr. Tomlinson clarified that the landscaping installation and
maintenance along Ganado Way was the responsibility of all the property owners. Council
Member Campbell expressed concern that there be some way to assure that the landscaping
would be installed and maintained.
Applicant's Comments:
Jeff Hirson, applicant and owner of the carwash noted that he had taken over the portion of
the property containing the car wash in 1997 and had found out toward the end of
construction that promises had been made. He indicated that although the property in
question was not behind the car wash, nor on the car wash property, he would be happy to
take care of the landscaping problems himself.
Council Members generally felt that it was unfair to burden one property owner with a
responsibility that should be met by all the owners. The City Attorney suggested that in view
of Mr. Hirson's offer, another condition could be added to require development and
execution of a maintenance obligation agreement, which would run concurrently with the
underlying obligation, prior to recording the Final Map.
Adoption of Resolution:
It was moved by Council Member Campbell, and seconded by Council Member Jones that
the following Resolution be adopted with inclusion of the City's Attorney's condition to
read: "The applicant shall assume the maintenance obligation for landscaping along the wall
area of the property under a maintenance agreement format, if necessary, in the opinion of
the City Attorney. This maintenance obligation would run concurrently with the underlying
obligation of the title record owner of the lots to be subdivided."
RESOLUTION NO.99-3-2-2 APPROVING TENTATIVE PARCEL MAP 92-
125 AND AMENDING RESOLUTION NO. 92-10-6-3 - PLAZA DE LAS
GOLONDRINAS (EQUITRUST/BENNINGHOFF/HIRSON} - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
92-125 WITH MODIFIED CONDITIONS FOR A 2.37 ACRE SITE ON THE
NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO
ROAD AND AMENDING RESOLUTION NO. 92-10-6-3 - PLAZA DE LAS
GOLONDRINAS (EQUITRUST/ BENNINGHOFF/HIRSON)
City Council Minutes -7- 3/2/99
068
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell, and Mayor Greiner
NOES: None
ABSENT: None
The City Engineer and City Clerk were authorized to execute the Final Map. The City Clerk
was directed to forward the Final Map to the Orange County Recorder for recordation.
ADMINISTRATIVE SERVICES DIRECTOR
APPROVAL OF 1998-99 MID -YEAR CITY OPERATING BUDGET (330.20)
Written Communication:
Report dated March 2, 1999, from the Administrative Services Director, forwarding a
summary of the proposed mid -year adjustments of the Fiscal Year 1998-99 City Operating
Budgets.
Approval of Mid -Year Adjustments:
It was moved by Council Member Jones, seconded by Council Member Swerdlin and
unanimously carried that the proposed adjustments to the Fiscal Year 1998-99 City Operating
Budgets be approved.
ORDINANCES
1. APPROVAL OF REZONE 98-3 - SILVERADO SENIOR LIVING (460.20)
(ADOPTION)
Written Communication:
Report dated March 2, 1999 from the City Clerk advising that the Ordinance had been
introduced at the meeting of February 16, 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 Jones, and
seconded by Council Member Hart, that the following Ordinance be adopted:
ORDINANCE NO. 835, 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)
City Council Minutes -8-
312199
069
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange Cou= Joint Fire Authori 540.80
Mayor Greiner advised that a statement regarding the Equity Study was being
prepared for Council consideration
b. Library Advisory Board (950.20)
Mayor Greiner advised that the interior of the San Juan Capistrano library will be
refurbished and will be closed for.the period of April 2 through April 10, 1999.
Council Member Swerdlin suggested that the income tax forms be available at the
Community Center during the library's closure.
C. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that the vector of the month for February was the
Western Black -Legged Tick.
COUNCIL COMMENTS
1. CHARITY EVENT 150.60
Council Member Hart noted that the golf tournament held on March 1, 1999, to benefit the
San Juan Capistrano Boys & Girls Club raised approximately $8,000 and he expressed his
appreciation to the citizens for their support.
2. DONATIONS (150.10
Council Member Jones suggested that the residents consider donating hard -backed books to
the senior library at the Community Center.
City Council Minutes -9- 3/2/99
070
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:55 p.m., to the
next special meeting date of Wednesday, March 10, 1999, at 7:00 p.m., with the Planning
Commission in the City Council Chambers.
Respectfully submitted,
ATTEST:
zill
JOHN 6REINER, MAYOR
City Council Minutes -10-
J /
312199
071
NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of March 2, 1999, adjourned said meeting to
Wednesday, March 10, 1999,at7:00p.m., inthe City Council Chamber, 32400 Paseo Adelanto, San
Juan Capistrano.
DATED: March 3, 1999
Cheryl Johnson ity lerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
March 3, 1999.
I declare under penalty of perjury that the foregoing is true and correct.
NI�Z-C/-/
Cheryl Johns Ci Clerk
San Juan Capistrano, California