99-0504_CC_Minutes_Regular Meeting117
May 4, 1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
The Closed Session scheduled at 5:30 p.m. for the following purposes, as authorized by statute, was
canceled:
1. Pursuant to Government Code Section 549569(b)(1), the City Council will confer with its
Legal Counsel regarding two matters.
RECESS 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Dave Wyatt, South Coast Christian
Assembly.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil Jones, 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. Russell, 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. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Greiner announced that the scheduled Closed Session had been canceled.
INTRODUCTION PRESENTATIONS AND DONATIONS
i. PRESENTATIONS TO FORMER COMMISSIONERS _(110.30)
Written Communications:
Report dated May 4, 1999, from the City Manager, advising that two members of the Water
Advisory Commission had recently submitted resignations from the Commission after many
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years of service. Dudley "Bud" Brand had served for 29 years; William Webb had served
for 9 years.
Mr. Brand and Mr. Webb were present to receive plaques recognizing their service to the
community.
2. RECOGNITION OF LONG-TERM EMPLOYEES {730.90
Written Communications:
Report dated May 46, 1999, from the Personnel Manager, advising that Bob Banda,
Maintenance Worker, had reached 30 years of service; Lynnette Adolphson, Management
Analyst 1, had reached 20 years of service; and, Sandra Harlan and Marylin Wood,
Administrative Secretaries, had both reach their 10 -year anniversaries.
Mrs. Adolphson, Mrs. Harlan and Ms. Wood were present to receive Certificates
commemorating their years of service to the City.
PROCLAMATION DESIGNATING MAY 9, 1999, AS FIRE SERVICE
RECOGNITION DAY 610.40
Written Communications:
Report dated May 4, 1999, from the City Clerk, forwarding the Proclamation.
Battalion Chief Greg Petersen was present to accept the Proclamation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING_ (110.10)
Council Member Campbell introduced the following persons in attendance: Sheldon Cohen
and Ed Johnson, Planning Commission; Joanne de Guevara and Marie Buckner, Housing
Advisory Committee; Bill Hardy, Cultural Heritage Commission; Jack Chestek, Water
Advisory Commission; Pauline Leonard, former Parks, Recreation and Equestrian
Commission; former Mayor Philip Schwartze and his wife; and Millie Jones.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY AND
CAPISTRANO VALLEY WATER DISTRICT)
ANIMAL CONTROL SERVICES (600.50
Philip Schwartze suggested that during the budget deliberations, the City Council consider
joining with San Clemente and Dana Point for pro-life animal shelter services.
CONSENT CALENDAR
It was moved by Council Member Jones, 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:
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AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF APRIL 6, 1999
The Minutes of the Regular Meeting of April 6, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF APRIL 8 1999 QQE3j0
The List of Demands dated April 8, 1999, in the total amount of $794,843.33, was ordered
received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MARCH, 1999 (330.50)
The City Treasurer's Report of Cash Fund Balances for the month ending March 31, 1999,
was ordered received and filed.
5. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION L 0
RECEIVE BIDS _ DECOMMISSIONING OF MARBELLA SEWER PUMP
STATION STONERIDGE SEWER PUMP STATIONS AND HILLSIDE
TERRACE WATER BOOSTER STATION(600.30)
As set forth in the Report dated May 4, 1999, from the Engineering and Building Director,
the plans and specifications to decommission the Marbella Sewer Pump Station, the
Stoneridge Sewer Pump Stations and the Hillside Terrace Water Booster Station were
approved, and staff was authorized to call for bids. The stations could be decommissioned
because of water and sewer infrastructure improvements in the area.
6. ADOPTION OF RESOLUTION IMPLEMENTING A CITY DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM (820.25)
As set forth in the Report dated May 4, 1999, from the Engineering and Building Director,
the following Resolution was adopted implementing a City Disadvantaged Business
Enterprise Program, which will make current the "Minority Business Enterprise Program"
previously adopted by City Council Resolution No. 84-8-21-4:
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RESOLUTION NO. 99-5-4-1, IMPLEMENTING A CITY
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IMPLEMENTING THE CITY'S
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
7. APPROVAL OF SETTLEMENT AGREEMENT - ARV ASSISTED LIVING V.
CITY OF SAN JUAN CAPISTRANO (600.30)
As set forth in the Report dated May 4,1999, from the City Attorney, Settlement Agreement
with ARV Assisted Living, et al, was approved, providing for the City's joint insurance pool
to pay the sum of $75,000 to be used by ARV Assisted Living to perform flood restoration
work in the San Juan Creek.
8. AWARD OF BIDS FOR ENTERPRISE SERVER AND SOFTWARE
(GST/MICRO CITY)!3*l-0.30)
As set forth in the Report dated May 4, 1999, from the Administrative Services Director, the
bids forpurchase of City -Wide Network Enterprise Server was awarded to GST/Micro City
in the amount of $11,841.72.
9. YEAR 2000 COMPLIANCE - STATUS UPDATE REPORT (180.10)
The Report dated May 4, 1999, from the Administrative Services Director, advising of the
progress toward assuring the City's systems will be Year 2000 compliant, was ordered
received and filed.
PUBLIC HEARINGS
1. APPROVAL OF REZONE 98-5 AND TENTATIVE TRACT MAP 15771 FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO VIEJO
ROAD AND VILLAGE ROAD OLSON COMPANY 460.201420.40
Proposal:
Reconsideration 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 a new Specific Development Plan 99-1, which would permit a
residential land use for a gated community of 27 detached singe -family homes and a private
park. 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. The project had been considered at the meeting of March 16, 1999, and
denied without prejudice.
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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
Written Communications:
(1) Report dated May 4, 1999, from the Planning Director, noting that the project had
been denied due to concerns regarding the lack of a designated open space/recreation
area, lack of a provision to preserve the trees adjacent to the entry at Village San
Juan, concern regarding the linear uniform design of the wall and backs of the houses
facing Rancho Viejo Road, and the lack of architectural treatments for the building
elevations that would face Rancho Viejo Road. The Report advised that the applicant
had revised the plans to address Council's concerns. The revisions included a
reduction in the unit count from 28 to 27 units, the addition of a 7,500 -square -foot -
park, a reduction in the number and orientation of homes backing up to Rancho Viejo
Road, an increased setback along the portion of the project adjacent to Rancho Viejo
Road, wall treatments, additional planting, and preservation of the eucalyptus trees
at the entry to Village San Juan. The Report recommended approval of the rezone
and tentative tract map.
-- (2) Memorandum dated May 3, 1999, from the Planning Director, forwarding two
conditions Council Member Swerdlin felt should be considered with the project. (a)
CC&R provisions to require that rentals be managed by one management company;
and, (b) a Noise Disclosure Acknowledgment.
(3) Letter dated May 3, 1999, from Dean Steinke, President of the Village San Juan
Homeowners Association, comparing the mix of homes in Village San Juan with the
mix of homes in the proposed project and requesting the project either be denied or
further revised to blend better with the adjacent neighborhood.
(4) Letter dated May 3,1999, from Melvin Rosenbaum, Rosenbaum's Ranch on Trabuco
Creek Road, expressing concern that the proposed re -alignment of Trabuco Creek
Road would be detrimental to the Rosenbaum Ranch business.
(5) Memorandum dated May 4,1999, from the City Clerk advising that Alex and Loretta
Altieri, 26482 Evergreen Road, had telephoned in support of the Olson project.
A streetscape representation, building elevations, colored renderings and material samples
were on display. Tom Tomlinson, Planning Director, made an oral presentation, reiterated
the concerns expressed by Council on March 16, 1999 and described the revisions made to
the plans in response to those concerns. He briefly compared the proposed project with the
Parkside Development at Camino del Avion and Del Obispo Street; he further compared the
proposed project with the previously -approved office project.
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Applicant Presentation:
Kerry Chopin, representing the Olson Company, noted that the Planning Commission had
approved the revised proposed and indicated that a meeting had been held with the Village
San Juan neighborhood. He advised that of the 25 people that had attended the neighborhood
meeting, at least one half of the attendees were in favor of the project. He advised that
estimates had been received totaling approximately $150,00 to construct the realignment of
Trabuco Creek Road; however, the final cost Should probably be closer to $250,000.
With the aid of the exhibits, Kim Willauer, project manager, described the revisions made
to address concerns expressed on March 16th.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing, and
the following persons responded:
(1) Donna Davidson, 29755 Millpond Court, felt that the proposed residential project
was the best choice for a neighbor rather than a commercial development.
(2) Pauline Doleshal, 29716 Woodlake Court, spoke in support of the efforts made to
preserve the trees. She recommended that a statement be included in the project
CC&R's regarding preservation of trees, and, suggested that mature trees be planted
inside the lot lines along Rancho Viejo Road at the time of construction to soften the
massive look of the project.
(3) Dean Steinke, 26501 Park Circle, read from the May 2, 1999 edition of The Register
article regarding suspending the processing of certain development applications
during the general plan update process. He stated the Homeowners Association felt
residential on the property would be better than commercial; however, they would
prefer a balance in looks and appearance and a better blending with the Village San
Juan development. He requested that the project be declined as presented.
(4) Melvin Rosenbaum, owner of Rosenbaum Ranch to the south of the project site,
indicated that an additional buffer should be required for residences adjacent to the
freeway due to noise impacts. He requested that he be guaranteed proper access to
his property following the proposed re -alignment of Trabuco Creek Road, and that
the abandoned property be returned to his family.
(5) Larry Tucker, One Upper Newport Plaza, Newport Beach, commented on the
required realignment of Trabuco Creek Road and how the abandonment of the
current alignment would result in his property being large enough to develop an
office complex. He spoke in support of the Olson project.
(6) Susan Landrith, 26492 Briarwood, felt that the density permitted by the Code should
be considered a maximum, not necessarily an allowable. She felt the project was too
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dense and the developer should provide an additional landscape buffer to provide
continuity and compatibility along the entire length of the Rancho Viejo Rd
streetscape.
(7) Jeff Kaplan, 29405 Edgewood Road, expressed concern that the project was not
compatible with the entire area in that it was gated, lacked sufficient buffering and
lacked a mix of one- and two-story homes. He further expressed concern that the
only Valley Oak Tree in the area might be cut down.
(8) Gail Prothero, 29562 Westmont Court, noted the results of an informal survey
revealed the majority of Village San Juan residents would prefer the property be
developed as a park, secondly as an office complex. She felt the project should not
be approved because of its density and lack of adherence to applicable Code
standards.
(9) David Paultersack, 29312 Applewood Court, felt the project would be acceptable
with additional modifications, including one-story homes, to provide more
compatibility with the community.
(10) Gary Tinnis, 29286 Edgewood Road, expressed appreciation for the compromises
that had been made, but felt the project needed further compromises. He felt the
visual representation of the project from Rancho Viejo Road was not accurate; the
trees should not be removed; and, that the General Plan update committee should be
allowed to review and recommend on development appropriate for the property.
There being no further comment, Mayor Greiner closed the public hearing.
_Apylicant Comments:
Kerry Chopin noted that the Olson Company had been working with Village San Juan for
a number of months to address their concerns. He felt it was incorrect to compare the Olson
development to the Parkside development on Camino del Avion. He indicated that there
were two-story buildings in Village San Juan that would be adjacent to the Olson
development and further noted that most of the trees between the two developments would
remain. He indicated that Mr. Rosenbaum would have proper access upon completion of the
road re -alignment.
RECESS AND RECONVENE
Council recessed at 8:27 p.m. and reconvened at 8:3 8 p.m.
Council Comments:
Council Member Jones indicated his concerns revolved around the quality and appearance
of the project, as well as its visual impact on Rancho Viejo Road, which might be alleviated
by single -story elements and larger setbacks. He indicated his preference for a more open
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space feeling to the project and further indicated he would continue to oppose the project.
Council Member Swerdlin concurred and expressed concern regarding noise impacts due to
its proximity to the freeway. He further indicated a continuing concern that this was not an
appropriate land use for the site. He felt the lack of one-story homes detracted from the
project and suggested it be sent back for additional work and possibly a workshop.
Council Member Campbell felt the lot sizes were too small, the setbacks were inadequate,
and there was still a lack of one-story houses and staggered roof lines. She indicated that due
to her concern for the City and its rural atmosphere she could not support the project.
Council Member Hart concurred and indicated his concerns with the density of the project
remained. Mayor Greiner felt that his concern regarding the appearance and lack of
articulation of the rear portions of the homes facing Rancho Viejo Road had been addressed
well; however, the project needed one-story elements to provide a more open appearance.
Discussion ensued regarding the possibility of continuing the item to allow for a workshop
to be held. Mr. Chopin indicated that a redesign of the project may or may not be feasible;
if the redesign was not feasible they would not return for the workshop. He requested that
the item be continued to allow for additional consideration.
60 -day Continuance:
It was moved by Council Member Hart, seconded by Council Member Campbell and
unanimously carried to continue consideration of the item 60 days to allow for conducting
a workshop.
RECESS AND RECONVENE
Council recessed at 9:00 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 9:03 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES
ADOPTION OF ORDINANCE AMENDING TITLE 6 OF THE MUNICIPAL
CODE - MUNICIPAL SOLID WASTE COLLECTION LAW(810.80) ._
ADOPTION
Written Communications:
Report dated May 4, 1999, from the City Clerk, advising that the Ordinance was introduced
at the meeting of April 20, 1999, and was scheduled for adoption.
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-- 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 Hart,
seconded by Council Member Swerdlin, that the following Ordinance be adopted:
ORDINANCE NO. 837, AMENDING TITLE 6 OF THE MUNICIPAL
CODE - MUNICIPAL SOLID WASTE COLLECTION LAW - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 6-3.06 OF THE MUNICIPAL
CODE, ENTITLED "COLLECTION BY PERSONS OTHER THAN THE
EXCLUSIVE SOLID WASTE ENTERPRISE," AND SECTION 6-3.14 OF
THE MUNICIPAL CODE, ENTITLED "ENFORCEMENT AUTHORITY"
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
I . ORAL REPORTS OF OUTSIDE AGENCIES
a. LibrM Advisoa Board 950.20
Mayor Greiner noted that the Board was involved in budget preparations for the next
fiscal year.
b. Orange Counly Waste Management Commission 810.10
Mayor Greiner noted that a meeting was held on May 3, 1999, with a committee
called the Regional Land Options for Orange County to look at future closing of the
Alpha -Olinda site in 2013.
C. Joint Powers Insurance Authority (170.30
Council Member Swerdlin noted the annual workshop had been held and a talk had
been given regarding what the future holds through 2010; a synopsis would be
available in Council slots.
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COUNCIL COMMENTS
1. BEE REMOVAL - FRAN JOSWICK THERAPEUTIC RIDING CENTER (560.10)
Council Member Hart questioned the status of the bee removal near the Fran Joswick
Therapeutic Riding Center. The City Manager advised that the problem had been remedied
and a report of actions taken would be provided to the Council.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:08 p.m. to the
next regular meeting date of Tuesday, May 18, 1999, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
CHERYL JO S , CITY CLERK
ATTEST:
JOHN MEEINER, MAYOR
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NOTICE OF ADJOURNMENT OF MEETING OF
THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
NOTICE IS HEREBY GIVEN, that the Board of Directors of the Capistrano Valley
Water District, at their Regular Meeting of May 4, 1999, adjourned said meeting to Tuesday,
May 18, 1999, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan
Capistrano.
DATED: May 5, 1999
Cheryl Johns , Clc# of the Board
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
}
SS AFFIDAVIT OF POSTING
I, CHERYL JOHNSON, Clerk of the Board of the Capistrano Valley Water District,
do hereby declare that the above Notice was posted at or near the door of the City Council Chamber
on May 5, 1999.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns*Cl6k of the Board
Capistrano Valley Water District