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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 City Council Minutes -1- 5/4/99 118 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: City Council Minutes -2- 5/1/99 119 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: City Council Minutes -3- 514199 120 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. City Council Minutes -4- 514199 121 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. City Council Minutes -5- 5/4/99 ]22 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 City Council Minutes -6- 5/4199 123 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 City Council Minutes -7- 5/4/99 124 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. City Council Minutes -8- 514199 125 -- 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. City Council Minutes -9- 5/4/99 126 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 City Council Minutes -10- 514199 327 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