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99-0316_CC_Minutes_Regular Meeting079 MARCH 16, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 610.85 - 5:30 p.m. None Scheduled. An item was approved for addition to the Agenda at the end of the meeting. 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 Omer Sager, The Life Church. 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; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Al King, Community Services Director; Amy Amirani, Public Works Director; Lt. Rick Stahr, Orange County Sheriff's Department; and Bonnie Sanchez, Recording Secretary. INTRODUCTIONS AND PRESENTATIONS 1. PRESENTATION - TRITON MARCHING ENTERTAINMENT UNIT - CERTIFICATE OF RECOGNITION (610.40) Written Communication: Report dated March 16, 1999, from the Community Liaison, advising that the Triton Marching Entertainment Unit received Sweepstakes awards in both band and music at the area final competition in Mira Mesa on December 5, 1998. The unit had been chosen to be the host band for the 1999 Swallow Day Parade. Mayor Greiner presented a Certificate of Recognition to the Band Director, Andy Magana, in recognition of the honors received in the 1998 competitions. Ryan Schwartze and Jacob Douglas, Band Members, were also present. City Council Minutes -1- 3/16/99 Oso 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10 Council Member Campbell introduced the following persons in attendance: Marie Buckner and Joanne de Guevara, Housing Advisory Committee; Ed Johnson and William Pichler, Planning Commission; Lt. Paul Sullivan, former Chief of Police Services; and Pauline Leonard, former Parks, Recreation and Equestrian Commissioner. INTRODUCTION OF NEW CHIEF OF POLICE Mayor Greiner introduced the new Chief of Police Services, Lt. Rick Stahr. ORAL COMMUNICATIONS - (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS 1. SOUTHERN CALIFORNIA GAS COMPANY PROGRAMS 1010.60 Sue Van Perry, representing the Gas Company, advised of a new web site where customers can compare natural gas and electricity suppliers. Ms. Van Perry noted that the Gas Company will be Y2K compliant by June 1999. CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Hart, 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 16, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF FEBRUARY 25 1999 (300.30 The List of Demands dated February 25, 1999, in the total amount of $751,811.87 was ordered received and filed. City Council Minutes -2- 3/16/99 081 4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS 440.10 The Report dated March 16, 1999, from the Planning Director, advising that three new development applications had been received since the last Report on February 2, 1999, was ordered received and filed. ADOPTION OF RESOLUTION ACCEPTING A GRANT DEED FOR A PORTION OF CAMINO CAPISTRANO, SOUTHWEST OF STONEHILL DRIVE (LOT LINE ADJUSTMENT 98-8, BLUE SKY PROPERTIES/CAPISTRANO FORD) (670.50) CONTINUED FROM MEETING OF FEBRUARY 16 1999 As set forth in the Report dated March 16, 1999, from the Director of Engineering and Building, the following Resolution accepting a Grant Deed for a portion of Camino Capistrano, southwest of Stonehill Drive was adopted in order to correct the Title to the property prior to recordation of a Lot Line Adjustment which is necessary for development of a Ford Track dealership at Stonehill Drive and Camino Capistrano: RESOLUTION NO. 99-3-16-1, ACCEPTING GRANT DEED - CAMINO CAPISTRANO SOUTHWEST OF STONEHILL DRIVE BLUE SKY PROPERTIES/FORD) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A GRANT DEED FOR A PORTION OF CAMINO CAPISTRANO SOUTHWEST OF STONEHILL DRIVE TO ACCOMMODATE THE -� PROCESSING OF LOT LINE ADJUSTMENT 98-8. (BLUE SKY PROPERTIES/FORD) The Mayor and City Clerk were authorized to execute the Resolution. The City Clerk was directed to forward the Deed to the Orange County Recorder for recordation. 6. APPROVAL OF PLANS AND SPECIFICATION. AUTHORIZATION TO RECEIVE BIDS AND AUTHORIZATION FOR CITY MANAGER TO AWARD CONTRACT - PASEO MONTE VISTA SEWER FACILITIES 600.30 As set forth in the Report dated March 16, 1999, from the Director of Engineering and Building, the plans and specifications and call for bids for the for Paseo Monte Vista Sewer Facilities project were approved. The City Manager was authorized to award the contract. 7. RECEIVE AND FILE CASH BALANCES BY FUND FOR MARCH 1998 (330.50) The Report of Cash Balances by Fund for the months ending July 31 through December 31, 1998, was ordered received and filed. RECEIVE AND FILE REPORT OF INVESTMENTS - MONTH ENDING FEBRUARY 28, 1999 (350.30 The Report of Investments for the month ending February 28, 1999 was ordered received and filed. City Council Minutes -3- 3116199 092 9. ADOPTION OF RESOLUTION IN SUPPORT OF RED IMPORTED FIRE ANT CONTROL MEASURES 500.10 As set forth in the Report dated March 16, 1999, from the Assistant City Manager, the following Resolution supporting measures proposed by the California Department of Food and Agriculture for control of Red Imported Fire Ants was adopted, as modified per the request of the Orange County Vector Control by memorandum dated March 15, 1999: RESOLUTION NO. 99-3-16-2, SUPPORTING RED IMPORTED FIRE ANT CONTROL MEASURES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING RED IMPORTED FIRE ANT CONTROL MEASURES BY THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE 10. APPROVAL OF A LICENSE AGREEMENT TO ALLOW CONSTRUCTION OF A PRIVATE EQUESTRIAN STABLE - LOT 43, TRACT 6381, MISSION HILLS (KAFETZOPOULOS) (600.30) As set forth in the Report dated March 16, 1999, from the Planning Director, the following Resolution was adopted approving a License Agreement to allow construction of a private equestrian stable within a portion of Lot 43 of Tract 6381 that is zoned "Open Space" and has had all development rights dedicated to the City: RESOLUTION NO. 99-3-16-3 AUTHORIZING EXECUTION OF A LICENSE AGREEMENT (LOT 43, TRACT 6381/KAFETZOPOULOS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXECUTION OF A LICENSE AGREEMENT TO ALLOW A PRIVATE ACCESSORY STRUCTURE ON A PORTION OF PRIVATE PROPERTY WHERE DEVELOPMENT RIGHTS HAVE BEEN DEDICATED TO THE CITY (LOT 43, TRACT 6381/29841 HIGHVIEW CIRCLE/KAFETZOPOULOS) The Resolution stipulates that a building permit may not be issued until the License Agreement has been recorded. The following items were withdrawn from the Consent Calendar at the request of Staff: CONTINUATION OF CONSIDERATION OF RESOLUTION ACCEPTING EASEMENT DEEDS FOR PASEO MONTE VISTA SEWER FACILITIES (670.50 Written Communications: 1. Report dated March 16, 1999, from the City Manager recommending adoption of a Resolution accepting the easement deeds from the Paseo Monte Vista property owners for construction of the Paseo Monte Vista Sewer Facilities. 2. Memorandum dated March 10, 1999, from the Engineering and Building Director, requesting that this item be continued to a future date in order to allow additional time to secure the notarized easement deeds. City Council Minutes -4- 3116199 083 With the consensus of Council, Mayor Greiner directed that this item be withdrawn from consideration at this time. APPROVAL OF FINAL PARCEL MAP 99-107 AND CORRESPONDING SUBDIVISION IMPROVEMENT AGREEMENT FOR SYCAMORE COMMONS LOCATED AT NORTHEAST CORNER OF CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (TMC SAN JUAN, LLQ (420.70/600.30 Written Communications: (1) Report dated March 16, 1999, from the Director of Engineering and Building, recommending approval of Final Parcel Map 99-107 and the corresponding Subdivision Improvement Agreement (2) Memorandum dated March 15, 1999, from the Engineering and Building Director, requesting that the recommendation be modified to stipulate that the Final Map not be recorded until all required sureties had been received and accepted by the City. Approval of Map and A rent: It was moved by Council Member Jones, seconded by Council Member Hart and unanimously carried to approve Final Parcel Map 99-107 and corresponding Subdivision Improvement Agreement based on the finding that the Final Map was in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution 99-3-2-1; and, to direct that recordation of the Final Map will be subject to the submittal and acceptance by the City of all conditioned improvement sureties. PUBLIC HEARINGS 1. DENIAL OF REZONE 98-5, ARCHITECTURAL CONTROL 98-10 TENTATIVE TRACT MAP 15771 MITIGATED NEGATIVE DECLARATION AND TREE REMOVAL PERMIT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO VIEJO ROAD AND VILLAGE ROAD (OLSON COMPANY) (460.201410.60.420.40 Proposal: Consideration of a rezone of 3.93 acres located at the southeast corner of Rancho Viejo Road and Village Road from Specific Development Plan 83-2, which permitted only commercial office uses, to anew Specific Development Plan 99-1, which would permit a residential land use for a gated community of 28 detached singe -family homes. The General Plan Designation for the property is 1.5 (Medium High Density Residential) which permits development of 8 units per acres; the zoning is Planned Development. Property Owner: Church of Jesus Christ of Latter Day Saints, 1909 Branding Iron Way, Roseville, CA 95661 Applicant: The Olson Company, Attn: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740 City Council Minutes -5- 3/16/99 084 Written Communications: (1) Report dated March 16, 1999, from the Planning Director, recommending approval of a mitigated negative declaration, architectural control permit, tree removal permit, Tentative Tract Map 15771, and Rezone 98-5. (2) Letter with exhibits dated March 15, 1999, from Dean Steinke, President of the Village San Juan Homeowners' Association, addressing concerns of the Village San Juan residents. (3) Letter with exhibits dated March 16,1999, from Richard Faber, 29646 Orinda Road, addressing concerns with the proposed development. (4) Diagram dated March 16, 1999, from Pauline Doleshal, 29716 Woodlake Court, suggesting revisions to the proposed project site plan. Site elevations, site plans and road sections were on display and John Grace, project manager, made an oral presentation. He advised that this proposal had been reviewed by the Design Review Committee, the Transportation Commission and the Planning Commission with the recommendation for approval from each entity. Mr. Grace described the project and noted that it was consistent with the City's Architectural Guidelines and met all requirements for the tentative tract map. Mr. Grace noted that five essential conditions had been included in the resolution, including a tree preservation plan for the 17 eucalyptus trees on the north end of the site, the construction of a common wall along the boundary with Village San Juan, a recreation area constructed within the site, a reimbursement agreement to offset costs of street improvements constructed by the applicant, and a condition requiring provisions for affordable housing. Applicant's Comments: Kim Willauer, representing The Olson Company, reviewed the project amenities noting that the proposal was for a gated community with two plan types and three different elevations. She indicated there was ample parking on-site. Improvements along Rancho Viejo Road would include a bike path, a five-foot parkway and a ten -foot equestrian trail. Ms. Willauer advised that the current five-foot block wall along the common boundary with Village San Juan would be removed and replaced with a seven -foot wall, as requested by the Homeowners Association. Ms. Willauer advised she had met with the adjacent Homeowners Association on two occasions to present the project and to work toward resolution of issues. She stated that agreement had been reached for the use of two Water District easements on the property in order to make space for a tot lot. Public Hearin$: Notice having been given as required by law, Mayor Greiner opened the Public Hearing and the following persons responded: (1) Dean Steinke, 26501 Park Circle, president of the Master Association, discussed the request for a seven -foot wall; advised that residents of Village San Juan would have preferred the previously -approved commercial project; expressed concern that the eucalyptus trees at the entry to Village San Juan be preserved; stated a preference for one-story homes or homes with a lower profile to preserve ridgeline views; and, City Council Minutes -6- 3116199 085 _ supported inclusion of a tot lot within the project so that Village San Juan facilities would not be used by residents of the proposed project. He noted that while there had been discussion with The Olson Company regarding a monthly subsidization for the use of Village San Juan's parks, nothing had been agreed upon. (2) Richard Faber, 29646 Orinda Road, presented a letter dated March 16, 1999, and stated concerns that yards within the proposed development were too small, which could lead to use of Village San Juan's pools, parks and lake by residents of the proposed project. He felt there was a contradiction between the City's definition of open space and Ms. Willauer's definition of open space. Mr. Faber also expressed concern about removal of the trees at the entry to Village San Juan. He suggested the proposed site plan should be reduced by 3 homes and should include a pool and additional landscaping. (3) Pauline Doleshal, 29716 Woodlake Court, stated she was concerned with the environmental issues; the change in ambiance that this project would bring at the entrance to Village San Juan; and, the removal of the trees. Ms. Doleshal presented a design showing how the trees could be saved. Ms. Doleshal expressed concern that the view from Rancho Viejo Road would be of the backs of houses and a seven -foot wall. She felt that The Olson Company had failed to provide for affordable housing, had failed to provide recreational areas for its residents, and had not considered the impact of its development on the adjacent neighborhood. Council Members noted their inability to review material presented at the meeting. (4) David Faultersack, 29312 Applewood Court, felt that The Olson Company had not worked with Village San Juan and requested that the Council delay approval of the project until more input could be received from the 3,000 Village San Juan residents. (5) Larry Tucker, One Upper Newport Plaza, Newport Beach, advised that he was the developer who had rezoned this piece of property for an office park in the 1980's because at the time it was not suitable for housing. However, since the freeway sound wall had been built, the property was not visible enough for commercial development. He felt that the proposed residential development was consistent with, and had met all, General Plan requirements; therefore, it should be approved. He further felt that since the trees had been planted on this property without the property owner's knowledge or consent, their preservation should not be compelled. (6) Kerry Chapin, representing The Olson Company, stated that The Olson Company had been very sensitive to how Village San Juan would view the project. He reiterated that with the high sound wall blocking the view from the freeway, the site was no longer appropriate for commercial use. He indicated the company had felt that if all requirements were followed, they could construct a good quality development. He stated that all guidelines had been followed and there were only a few issues remaining. He concurred with concerns expressed regarding tree preservation, stating that The Olson Company did not in any way change, nor was it their intent to change, the desirable entrance into Village San Juan. Grading of the area where the eucalyptus trees stand was necessary for development of one of the residences. He City Council Minutes -7- 3/16/99 stated that Homeowners Association representatives had indicated a dislike of eucalyptus tree so he proposed several options; i.e., replacement of the trees with a more desirable species. He emphasized that The Olson Company wanted to make the least impact possible to the Village San Juan entrance. With regard to the parks issue, he indicated that the proposed residences had front and back yards and he felt it was unlikely future residents would use Village San Juan parks. The Olson Company had offered Village San Juan a fee for any usage of their parks that might occur, and they would be willing to listen to appropriate numbers. He noted the meetings that had been held with Village San Juan to discuss the proposed project and felt they had been working together in good faith. He felt the proposed project would not block views since the homes were set below the level of Village San Juan. Mr. Chopin asked for the Council's support of this proposal. There being no further response, the Public Hearing was declared closed with the right to re- open at any time. RECESS AND RECONVENE Council recessed at 8:12 p.m. and reconvened at 8:22 p.m. Council Comments: Council Member Swerdlin felt the project was inappropriate for this City with its small lots and large homes. He further felt the area was not appropriate for residential development, particularly with noise impacts from the freeway. He expressed concern with the issues of tree removal, the tunnel effect on Rancho Viejo Road from high walls on both sides of the road, the small driveways and the density of the project and indicated he could not support the project. He felt there could be alternate appropriate uses, such as a medical facility. Council Member Campbell concurred and also expressed concern regarding the view impacts along Rancho Viejo Road due to the proposed sever -foot -wall and the lack of architectural treatments on the backs of the homes. Council Member Jones also concurred and expressed concern about impacts to the entry of the Village San Juan. He indicated a preference for a project that would blend in better with Village San Juan, that was less dense, less overwhelming on Rancho Viejo Road, and with enhanced rear treatments. Council Member Hart also stated concurrence with previous comments, emphasizing concerns regarding the mass and density, and impact on Village San Juan. He felt a project could be appropriate at this location, but he could not support this particular project as it was designed. Mayor Greiner stated that logically this project was essentially the same density of eight units per acre as existed at Village San Juan. The density was less for approximately the same acreage in comparison with Parkside Place at Del Avion and Del Obispo. He felt it was unfair to require preservation of the trees when they had been planted without the property owner's knowledge or approval. He further noted that there were many other projects in the City that had not provided parks for their residents. Mayor Greiner stated that the parking met the City's requirements and he felt spill-over parking would not occur. He felt open space should not be an issue because this project contained the same or more open space than the previously approved commercial development. He stated that his greatest concern was the visual impacts of the two-story units from Rancho Viejo Road. and he would oppose the City Council Minutes -8- 3/16/99 087 project based on its visual impact. He suggested that he might be able to support the project if it contained a mixture of one- and two-story homes, or if the homes were reduced in size, or if the visual impact could be mitigated with heavy plantings to soften the effect. Denial of Project: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and unanimously carried to deny the Rezone 98-5 application, with all other applications being denied implicitly, and to instruct the City Attorney to prepare a resolution of findings for the meeting of April 6, 1999. At the end of the meeting, the applicant questioned if there would be support for a continuance to allow the opportunity to work with Staff and the neighborhood and the project was subsequently denied without prejudice 2. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME REUSE PLAN (480.30) Proposal: Consideration of an Income Reuse Plan that would establish guidelines on the policies and procedures for the administration and utilization of program income received by the City through repayment of rehabilitation loans. Written Communications: -� Report dated March 16, 1999, from the Planning Director, advising that in July of 1998, the City had been awarded $500,000 in Community Development Block Grant funds from the State of California Housing and Community Development Department. A majority of the grant will be used to provide rehabilitation loans of up to $10,000 to income -eligible mobile home owners. Since the City will be receiving program income as a result of the future repayment of these loans, the State requires the City to adopt a Program Income Reuse Plan. Thomas Tomlinson, Planning Director, made an oral presentation reviewing the components of the proposal. Public Heariniz: 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. Adoption of Resolution: It was moved by Council Member Jones, and seconded by Council Member Campbell that the following Resolution approving the Program Income Reuse Plan be adopted: City Council Minutes -9- 3116199 RESOLUTION NO. 99-3-16-4, ADOPTINGCOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A LOCAL PLAN ("PROGRAM INCOME REUSE PLAN") FOR THE REUSE OF PROGRAM INCOME DERIVED FROM THE REPAYMENT OF STATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion carried by the following vote- AYES: ote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:43 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 8:44 p.m. ADMINISTRATIVE ITEMS ENGINEERING AND BUILDING DIRECTOR APPROVAL OF 1998-1999 MID -YEAR CAPITAL IMPROVEMENT BUDGET 33( 0.40) Written Communications: Report dated March 16, 1999, from the Director of Engineering and Building, advising that at mid -year, revenues were projected to be down significantly and project reductions, increases or deferrals were required for a number of projects due to revised revenues. The Report addressed revised revenue projections, the availability of funds and proposed project revisions or deferrals, and recommended approval of the 1998-99 mid -year budget. William Huber, Director of Engineering and Building, made an oral presentation, noting that development revenue anticipated this year was now expected in the next fiscal year. Mr. Huber addressed costs associated with the design and reconstruction of the North Camino Capistrano road failure and recommended that the City seek alternative funding sources, including a request for funding from the City of Laguna Niguel. Motion to Approve Mid -Year Adjustments: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried to approve the 1998-99 Mid -Year Capital Improvement Program, and City Council Minutes -10- 3/16/99 089 to direct Staff to seek alternative match funding sources for the North Camino Capistrano repair and construction. ORDINANCES APPROVAL OF REZONE 98-4 - SYCAMORE COMMONS/TMC SAN JUAN LLQ (460.20) (ADOPTIONi Written Communication: Report dated March 16,1999 from the City Clerk advising that the Ordinance was introduced at the meeting of March 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 Jones, and seconded by Council Member Hart, that the following Ordinance be adopted: ORDINANCE NO. 836 APPROVING REZONE 98-4 (SYCAMORE COMMONS/TMC SAN JUAN LLC I - 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 COUNCILMANIC ITEMS 1. ANNUAL REVIEW OF COMMISSIONS BOARDS AND COMMITTEES 110.20 Written Communications: Report dated March 16, 1999, from the Personnel Manager, advising that pursuant to the Municipal Code, the term of office for all advisory group appointments expires on March 31 of each year. Council Policy No. 202 established the process for the annual review of all City Council Minutes -11- 3/16199 appointments. A Council Subcommittee consisting of Council Members Hart and Swerdlin was appointed to review the applications and make recommendations to the City Council. Motion: It was moved by Council Member Swerdlin, seconded by Council Member Campbell and unanimously carried that all current Cultural Heritage Commission and Parks, Recreation and Equestrian Commission members be re -appointed; and to appoint the following people to fill the six vacancies: Ethel Tregarthen, Housing Advisory Commission; Mike Eggers, Planning Commission; Ron Beard, Transportation Commission; and Eileen Krause, Tom Lytle and Joe Soto, Water Advisory Commission. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern and San Joaquin Hills Transportation Corridors (800.50) Council Member Campbell presented maps showing the Foothill Eastern alignment and the proposed southern end of the Foothill Corridor. b. Southeast Re ional Reclamation Authority 1040.60 Council Member Jones advised that the Finance Committee had reviewed the budget and information will be placed in Council slots. Orange CountJoint Fire Authori 540.80 Mayor Greiner noted that the Equity Study was tentatively scheduled for the April 6, 1999 meeting. Council Member Jones requested that a bottom line summary of benefits to the City be prepared and presented. d. Orange Cog= Vector Control District 560.50 Council Member Swerdlin advised that the vector of the month for March was the Ground Squirrel Flea. COUNCIL COMMENTS None APPROVAL FOR OFF -AGENDA ITEM It was moved by Council Member Campbell, seconded by Council Member Swerdlin and unanimously carried to find that it was necessary to add a Closed Session item to the Agenda for consideration at this time because Settlement discussions were pending and direction from the Council was needed; and, further, that the item had been unavailable prior to publication of the -- agenda. City Council Minutes -12- 3/16/99 091 It was moved by Council Member Campbell, seconded by Council Member Swerdlin and unanimously carried to add the following case to the agenda for consideration: Walters v. CiU ofSan _Juan Capistrano. REQUEST REGARDING DENIAL OF REZONE 98-5 (OLSON , COMPAN (YZ460.20) The City Attorney noted that The Olson Company representative had requested the opportunity to raise a question. Kerry Chapin, representing The Olson Company, advised that he had intended to ask for a continuance of the Public Hearing, but had missed the opportunity. He questioned if there would be support for a continuance to allow the opportunity to review the project design and to work with Staff and the neighborhood on some of the issues. In response to Mayor Greiner, the City Attorney indicated that although members of the audience had left, it was the Council's discretion whether to revisit the nature of the vote. He suggested that if there were fundamental issues with the design, but not necessarily total opposition to the project, the Council could deny the project without prejudice and refer the applicant back to the Planning Commission; a benefit to the applicant would be a waiver of the fees. Council Comments: Council Member Jones and Mayor Greiner felt that the applicant's request was a fair and that a re- design might alleviate his own concerns. Council Member Hart felt the applicant should have the chance to revisit this project without having to start at the very beginning. Council Member Campbell reiterated that the backs of the two-story homes facing Rancho Viejo Road and a seven - foot wall were still tremendous concerns for her and could not be re -addressed satisfactorily. Council Member Swerdlin stated that residential was not appropriate for this property and he could see no reason to revisit this project. He further stated that current density requirement of 8 units per acre was based on townhome developments, which allowed for a more open appearance. He did not feel the proposed project could meet Council's desire for a more open space appearance. Motion to Deny Without_ Prejudice: It was moved by Council Member Hart, and seconded by Council Member Jones that the project be denied without prejudice; that Staff be directed to expedite the processing of the re-application with no further fee assessments; and that the City Attorney be directed to return at the April 6, 1999, City Council meeting with the resolution of the findings. The motion carried by the following vote: AYES: Council Members Hart, Jones and Mayor Greiner NOES: Council Members Campbell and Swerdlin ABSENT: None City Council Minutes -13- 3116199 092 CLOSED SESSION (610. Council adjourned to Closed Session at 9:17 p.m., and reconvened at 9:45 p.m., noting there was no action to report. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:45 p.m_, to the next regular meeting date of Tuesday, April 6, 1999, at 7:00 p.m. in the City Council Chambers. Respectfully submitted, O&U,L�04_ CHERYL JO SO &, CITY CLERK ATTF4T- City Council Minutes -14- 3116199