99-0720_CC_Minutes_Regular Meeting203
JULY 20,1999
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 54957.6, the City Council will confer with its Labor
Negotiator (city Manager) regarding Terms and Conditions of Employment (Classified
Employees)
2. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal
Counsel regarding the status of BIA, et al. v. City of San Juan Capistrano.
3. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with its
Legal Counsel regarding the status of one matter.
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 7:04p.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.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tern
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 -
The City Attorney announced that the City Council had voted unanimously to initiate a petition to
the California State Supreme Court to reconsider the 4th District Court of Appeals ruling with regard
to BIA et al. v. Cily of San Juan Ca istrano. There was no action to report on the remaining items.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
RECOGNITION OF CAPISTRANO VOLKSWAGEN'S MAJOR SPONSORSHIP
OF SAN JUAN SUMMER NITES CONCERT #2 FOR JULY 21,1999 (610.40)
Written Communications:
Report dated July 20, 1999, from the Economic Development Manager, advising that a
plaque of appreciation would be presented to Miles Brandon, owner and operator of
Capistrano Volkswagen, for his donation of $2,500 to support the San Juan Summer Nites
Concert #2.
Mr. Brandon was in attendance to receive the plaque from Mayor Greiner.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Bill Pichler and
Ed Johnson, Planning Commission; Don Tryon and Janet Siegel, Cultural Heritage
Commission; Marie Buckner, Housing Advisory Commission; Al and June Simmons; and,
former Mayor Phil Schwartze.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
It was moved by Council Member Swerdlin, 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
1. MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 15 AND JUNE 22 1999
The Minutes of the Regular Meeting of June 15, 1999, and the Minutes of the Adjourned
Regular Minutes of June 22, 1999, were approved as submitted.
RECEIVE AND FILE WARRANTS OF JUNE 30,1999 (300.30)
The List of Demands dated June 30, 1999, in the total amount of $803,408.40, was ordered
received and filed.
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4. AWARD OF BID AND APPROVAL OF APPROPRIATION - SERVICE BED
AND EQUIPMENT FOR SEWER RESPONSE TRUCK (D&H TRUCK
EQUIPMENT, INC.) (3:7030
As set forth in the Report dated July 20, 1999, from the Public Works Director, the bid for
purchase of the Sewer Emergency Response Truck Bed and Accessories was awarded to
D&H Truck Equipment, Inc., in the amount of $30,625.78; all other bids were rejected. An
appropriation from the Sewer Enterprise Fund Reserve in the amount of $30,625.78 was
authorized to fund the purchase.
5. AUTHORIZATION FOR CITY MANAGER TO AWARD CONTRACT -
CAMINO DEL AVION LANDSCAPE IMPROVEMENT PROJECT CIP NO. 131
600.30
As set forth in the Report dated July 20, 1999, from the Director of Engineering and
Building, the City Manager was authorized to award the contract for the Camino Del Avion
Landscape project upon receipt of acceptable bids.
6. ADOPTION OF RESOLUTION INITIATING PROCEEDINGS TO VACATE AN
EQUESTRIAN EASEMENT AND SETTING PUBLIC HEARING DATE FOR
AUGUST 17, 1999; LOT 5 TRACT 9795, 26112 CALLE ROBERTO (LOVE
TRACT/GROENENDYKE)(670.50.
As set forth in the Report dated July 20, 1999, from the Engineering and Building Director,
the following Resolution was adopted initiating proceedings to vacate the remaining portion
of an equestrian easement within lot 5 of Tract 9795, as requested by the underlying property
owner, Edward Groenendyke, and setting a Public Hearing for the meeting of August 17,
1999:
RESOLUTION NO. 99-7-20-1 INITIATING VACATION
PROCEEDINGS - EQUESTRIAN EASEMENT WITHIN LOT 5, TRACT
9795 (GROENENDYKE) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
PROCEEDINGS TO VACATE THE REMAINING PORTION OF AN
EQUESTRIAN EASEMENT WITHIN LOT 5 OF TRACT 9795, LOCATED
AT 26112 CALLE ROBERTO (GROENENDYKE)
7. ADOPTION OF RESOLUTIONS INITIATING GEOLOGIC HAZARD
ABATEMENT DISTRICT 99-1 FOR TENTATIVE TRACT 13823 AND SETTING
PUBLIC HEARING DATE FOR AUGUST 17, 1999 (STONEFIELD SAN JUAN,
LLC) (34590
As set forth in the Report dated July 20, 1999, from the Engineering and Building Director,
the following Resolutions were adopted declaring that the City is subject to the provisions
of Public Resources Code, Division 17 "Geologic Hazard Abatement Districts," and setting
-- a Public Hearing for the meeting of August 17, 1999:
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RESOLUTION NO. 99-7-20-2 GEOLOGIC HAZARD ABATEMENT
DISTRICTS - TRACT 13823 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS
SUBJECT TO THE PROVISIONS OF PUBLIC RESOURCES CODE,
DIVISION 17, "GEOLOGIC HAZARD ABATEMENT DISTRICTS"
(TRACT 13823/STONEFIELD SAN JUAN LLC)
RESOLUTION NO. 99-7-20-3, GEOLOGIC HAZARD ABATEMENT
DISTRICTS - SETTING PUBLIC HEARING TRACT
13823/STONEFIELD SAN JUAN LLC -A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING SUFFICIENCY OF PETITION, DIRECTING NOTICE TO
BE MAILED TO THE PROPERTY OWNER AND SETTING A TIME
AND DATE FOR PUBLIC HEARING FOR FORMATION OF A
GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE
REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF
CALIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT
DISTRICTS" (TRACT 13823/STONEFIELD SAN JUAN, LLC)
8. APPROVAL OF AGREEMENT FOR SURFICIAL SOILS REMEDIATION
PROGRAM TRACT 13823 STONEFIELD DEVELOPMENT STONEFIELD
SAN JUAN, LLC) (600.30)
As set forth in the Report dated July 20, 1999, from the Engineering and Building Director,
the "Agreement Establishing Slope Displacement Warranty Program" for Tract 13823,
Stonefield Development, was approved for recording, as required by Municipal Code Section
9-10 and as conditioned in Resolution No. 90-6-19-2.
9. ADOPTION OF RESOLUTION ACCEPTING AN EASEMENT FOR WALL AND
LANDSCAPE PURPOSES FOR PROPERTY LOCATED AT 25642 CAMINO
DEL AVION (PARKSIDE PLACE, TRACT 15301 (ANITA FORSTER) (670.50)
As set forth in the Report dated July 20, 1999, from the Engineering and Building Director,
the following Resolution was adopted accepting an easement from Anita Forster for
Landscape and Wall purposes to allow installation of a privacy wall and adjacent landscaping
east of the driveway serving 25642 Camino del Avion:
RESOLUTION NO. 99-7-20-4 ACCEPTING EASEMENT FOR
LANDSCAPE AND WALL PURPOSES, 25642 CAMINO DEL AVION
(ANITA FORSTER) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN
EASEMENT FOR LANDSCAPE AND WALL PURPOSES LOCATED AT
25642 CAMINO DEL AVION (ANITA FORSTER)
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10. APPROVAL OF THE 1999-2000 SOUTHEAST REGIONAL RECLAMATION
AUTHORITY BUDGET (330.50
As set forth in the Report dated July 20, 1999, from the Engineering and Building Director,
the 1999-2000 SouthEast Regional Reclamation Authority budget in the amount of
$7,836,400 was approved and the City's proportionate share of $1,820,580 was adopted for
allocation to the various SERRA accounts and funding from Sewer Enterprise revenues.
11. APPROVAL OF LICENSE AGREEMENT WITH LOVE LIVESTOCK COMPANY
FOR PURPOSES OF OPERATING A HORSE AND CATTLE GRAZING
OPERATION ON 110 ACRES OF CITY -OWNED PROPERTY ADJACENT TO
LA PATA (600.30)
As set forth in the Report dated July 20, 1999, from the City Manager, and as directed by
Council on February 2, 1999, the renegotiated License Agreement with Love Livestock for
use of City Open Space was approved for the period ending June 30, 2001, with
compensation to the City consisting of in-kind services.
12. DENIAL OF CLAIM OF FRANJO LJOLJIC 170.10
As set forth in the Report dated July 20, 1999, from the Deputy City Attorney, the claim filed
by Franjo Ljoljic for damages was denied in its entirety.
13. DENIAL OF CLAIM OF SOLAG DISPOSAL, INC., FOR INDEMNIFICATION
170.10
As set forth in the Report dated July 20, 1999, from the Deputy City Attorney, the claim filed
by Solag Disposal, Inc., for indemnification by the City in the litigation entitled Cardenas v.
Rincon, was denied in its entirety.
14. APPROVAL OF AGREEMENT TO COMPLETE THE NON-DOMESTIC WATER
MASTER PLAN (AKM CONSULTING ENGINEERS) (600.30]
As set forth in the Report dated July 20, 1999, from the Public Works Director, the Personal
Services Agreement with AKM Consulting Engineers to complete the Non -Domestic Water
Master Plan at a cost of $40,000, was approved.
The following items were removed from the Consent Calendar at the request of Council
CONSIDERATION OF MODIFICATIONS TO CITY COUNCIL POLICYNO.419
REGARDING STREET BANNER AT DEL OBISPO AND CAMfNO
CAPISTRANO 610.30
Written Communications:
Reportdated July 20,1999, from the Economic Development Manager, forwarding proposed
-- modifications to City Council Policy No. 419 to add a list of community events that will
receive priority use of the street banner at Del Obispo and Camino Capistrano.
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Further Evaluation:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin and
unanimously carried to direct that this item be returned to staff for further evaluation of
policy.
APPROVAL OF AGREEMENT FOR ANIMAL CONTROL AND SHELTER
SERVICES WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 1999-2000
(600.50)
Written Communications:
(1) Report dated July 20, 1999, from the Principal Management Analyst, forwarding an
agreement with the County of Orange for Animal Control and Shelter Services for
Fiscal Year 1999-2000, in the estimated amount of $82,161. The Report advised that
staff had investigated contracting with other sheltering services and found that the
City of Mission Viejo was not interested in expanding their contracting services; and,
the Coastal Animal Shelter Authority in San Clemente had provided an updated
proposal that put the first year's cost and provisional payment at $484,350. Due to
an additional cost of more than $400,000, staff recommended continuing services
with the County.
(2) Memorandum dated July 20, 1999, from the City Clerk, advising that Karen
DeGrandmaison and Coleen Amdervich had telephoned their support of obtaining
services from a pro-life shelter.
(3) Letter dated July 20, 1999, from Roy and Ilse Byrnes, P. O. Box 1029, San Juan
Capistrano, supporting efforts to obtain services from a pro-life shelter.
(4) Petition received July 20, 1999, from Marsha Schwartze, containing approximately
110 signatures, requested that the City contract for pro -humane animal services with
the cities of Dana Point and San Clemente.
The Principal Management Analyst made a brief oral presentation.
Public Comments:
(1) Marsha Schwartze, 31211 Casa Grande, spoke regarding the feral kittens she had
rescued from the area of Spring Street and San Juan Elementary School and the
services offered by veterinarian Joe Cortese to neuter the animals. She spoke in
support of contracting with a pro-life animal shelter and indicated her awareness of
the increased cost. She presenting a petition signed by people who supported
contracting with a pro-life shelter.
(2) Liz Long, 28333 Ortega Highway, spoke in support of contracting with a pro-life
animal shelter and noted the need for education programs to prevent the
abandonment of animals.
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_ Council Comments:
Council expressed concern and sympathy for the situation, but noted that funding in the
amount needed to contract with a pro-life shelter was not available. Council Member
Campbell spoke of the City Council's responsibility for the protection of the City's residents
and recreation, noting that due to funding concerns Council had had to make cuts in
programs for children and in Police Services. She felt a volunteer situation would be a good
thing and Council Member Swerdlin concurred that perhaps citizens would be wiling to
support a ballot measure to raise taxes to build a facility that could be staffed and maintained
by volunteers if that could be accomplished for the current County contract cost of
approximately $80,000. He felt it could not be accomplished this year, but it could be
addressed at budget time next year. Mayor Greiner recited information he had received
regarding the number of animals euthanized last year from San Juan Capistrano and relating
that cost to human services felt that human services provided by the City had to be a priority.
He further indicated that his information revealed that all shelters would euthanize animals
under certain circumstances. Council Member Hart suggested that if a volunteer group could
be organized, consideration could be given to allocating the shelter related portion of the
$80,000 currently funded for services by the County to that group.
Approval of Agreement for Animal Control and Shelter Services:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the Agreement with the County of Orange for Animal
Control Services for Fiscal Year 1999-2000.
PUBLIC HEARINGS
1. CONSIDERATION OF REVISED PLANS FOR A SUBDIVISION TO CREATE
25 DETACHED SINGLE-FAMILY HOMES AT THE SOUTHEAST CORNER OF
RANCHO VIEJO ROAD AND VILLAGE ROAD, REZONE 98-5 AND
TENTATIVE TRACT MAP 15771 (f3Lsw ' . COMPANY (460.20/420.40
Proposal:
Consideration of revised plans for a subdivision to create 25 detached single family homes
on a site of 3.93 acres at the southeast corner of Rancho Viejo Road and Village Road;
rezone of the property from Planned Development to a revised Planned Development; and,
a tentative tract map.
Applicant:
The Olson Co., Attn.: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740
Written Communications:
(1) Report dated July 20, 1999, from the Planning Director, advising that this item had
been reviewed multiple times by both the Planning Commission and City Council
with a joint worksession held on June 22, 1999, at which time strong concerns were
voiced on whether the proposed rezone and subsequent development of a residential
subdivision was appropriate for the area due to existing and future mobile source
noise impacts on future residents. The applicant had submitted revised plans which
included a reduction in units; inclusion of single -story homes; reduction of homes
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backing to Rancho Viejo Road; and increase of the building setback. Staff
recommended that the City Council approve the draft resolution denying the request
to Rezone the property and thereby the Tentative Tract Map.
(2) Letter dated July 19, 1999, from Pauline Doleshal, 29716 Woodlake Court, stating
support of the Olson Project and expressing concern that the Village San Juan
Homeowners Association Board of Directors position on the project did not
necessarily reflect the opinions of the entire association.
The Tentative Tract Map and residential elevations were on display and the Planning
Director made an oral presentation, reviewing the three separate occasions this item had been
heard.
Applicant's Comments:
Kerry Chopin, representing the Olson Company, stated that he had been prepared to
withdraw this item from consideration; however, within the last two weeks The Olson
Company had received numerous telephone calls in support of their project. He asked for
Council's direction on the project.
Public Hearing
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
the following persons responded:
(1) Bill Sewalk, 26341 Marina Road, stated his support for the Olson Project because it
would be less impactive on adjacent residences. He urged the Council to do what
was best for those who would be most affected.
(2) Pauline Doleshal, 29716 Woodlake Court, felt that the position of the Homeowners
Association did not reflect the feelings of most of the residents. She supported the
Olson project because they had met and exceeded the standard and because a
commercial project would generate more negative impacts on Village San Juan.
(3) David Hanson, 31111 Calle Del Campo, requested that the City Council approve the
Olson project because the applicant had done all that had been requested of them.
(4) Donna Davidson, 29755 Millpond, advised that she had collected 31 signatures of
Village San Juan residents in support of the Olson project and stated that the project
would raise property values and be more visually appealing.
(5) Dean Steinke, 26151 Park Circle, President of the Homeowners Association, stated
the proposed residential project was still too dense, and was still opposed by the
majority of the Village San Juan residents.
There being no further response, Mayor Greiner closed the Hearing with the right to re -open
at any time.
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Council Comments:
Council Member Swerdlin expressed concern with the proposed rezone and with the noise
impacts stating that this land would be better served by an office complex. Mayor Greiner
stated that this project would have less density, more open space, lower building heights and
less traffic than an office complex, and he stated support for residential use and for the Olson
project. Council Member Hart stated that the impact would be far less with a residential use
than a commercial use and he stated his support for the Olson project. Council Member
Campbell stated that a residential project did not belong in an area where a large wall had to
be built for sound attenuation and she stated that she would not support the project. Council
Member Jones expressed concern about the sound attenuation but stated that the Olson
Company had answered his concerns by including single -story homes in the plans, by
reducing the total number of units and by the restructuring of the homes backing to Rancho
Viejo Road. He felt that the people buying the homes should be aware of the freeway noise.
Intent to Approve the Project:
It was moved by Council Member Jones and seconded by Council Member Hart that the City
Council indicate its intent to approve the project and direct that entitlements consisting of
a rezone ordinance and Tentative Tract Map and findings be returned to the City Council for
a concluding legal vote at its August 3, 1999 meeting. The motion carried by the following
vote:
AYES: Council Members Jones, Hart and Mayor Greiner
NOES: Council Members Swerdlin and Campbell
ABSENT: None
2. APPROVAL OF 1999-2000 LANDSCAPE MAINTENANCE DISTRICT
CHARGES (TRACTS 9284 9382, 8485 7673 9373/7654 AND CAPISTRANO
ROYALE) (345.
Proposal:
Consideration of the 1999-2000 Landscape Maintenance District Charges.
Apl2licant:
City of San Juan Capistrano
Written Communications:
(1) Report dated July 20, 1999, from the Director of Public Works, advising that the City
had established various landscape maintenance districts to provide maintenance
services within certain developments. The routine maintenance was done weekly and
the current contractor was Pro -Turf Professional Landscape Service.
(2) Letter dated July 14, 1999, from Carolyn Sandore, 31242 Via Parra, proposing that
Mission Woods purchase property located on the corner of Sundance and Ortega
Highway, for $1 from SunHollow Homeowners Association in order to keep it
maintained.
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Cynthia Russell, Administrative Services Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
there being no response, the Hearing was declared closed.
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Hart that the
following Resolution be adopted confirming the costs and authorizing the Orange County
Assessor's Office to include the charges on the Property Tax Roll:
RESOLUTION NO. 99-7-20-5, CONFIRMING COST REPORT - 1999
LANDSCAPE MAINTENANCE DISTRICTS_{TRACTS 9284,93 82, 8485,
7673,9373/7654 AND CAPISTRANO ROYALE) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1999
LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY
OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673,
9373/7654 AND CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
APPROVAL OF AUTHORIZATION TO ASSESS CHARGES, 1999 WEED
ABATEMENT PROGRAM 540.70
Proposal:
Consideration of the 1999 Weed Abatement Program charges.
Applicant:
The City of San Juan Capistrano
Written Communications:
Report dated July 20, 1999, from the Public Works Director, advising that in compliance
with City Ordinance No. 348, Weed and Refuse Abatement, and in cooperation with the
County of Orange tax assessment procedures, the charges for the City's Weed Abatement
Program had been submitted for City Council confirmation. This year the weed abatement
contractor had abated 41 properties.
Cynthia Russell, Administrative Services Director, made an oral presentation.
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Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the Public Hearing and
there being no response, the Hearing was declared closed.
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Hart that the
following Resolution be adopted confirming charges and authorizing the Orange County
Auditor -Controller to include the weed abatement charges on the Property Tax Roll:
RESOLUTION NO. 99-7-20-6. CONFIRMING COST REPORT - 1999
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 1999 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO
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 8:10 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 8:12 p.m.
ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
1. APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
ARCHITECTURAL CONTROL 79-7 (MODIFICATION): A PROPOSAL TO
RENOVATE AN 88.624 -SQUARE -FOOT SHOPPING CENTERAT 32291- 32401
CAMINO CAPISTRANO (PLAZA DEL RIO) (41060
Applicant or Property Owner:
Graphic Solutions 1750 Kettner Blvd., San Diego, CA 92101, Attn: Rueben Andrews
Written Communications:
(1) Report dated July 20, 1999, from the Planning Director, advising that the applicant
had proposed a renovation of the 88,624 -square -foot Plaza Del Rio Shopping Center.
The project consisted of the development of a landscaped courtyard and
reconfiguration of the roof at the courtyard entry, a new staircase and decking on the
second floor, landscape improvements, parking and drainage adjustment, light fixture
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upgrades, a new sign program and building color changes. The Planning
Commission denied this project at their June 8, 1999 meeting due to traffic
circulation within the Center.
(2) Letter dated June 30, 1999, from Patrick Donahue of Donahue Schriber, 3501
Jamboree Road, Suite 300, Newport Beach, advising that revised site/landscaping
plans would be forwarded under separate cover and that the cost to redesign the
traffic circulation would be in excess of $200,000.
(3) Memorandum dated July 16, 1999, from the Planning Director, forwarding a copy
of excerpts to the Declaration of Restrictions and Grant of Easement Agreement for
the Plaza pertaining to the approval process to modify common area improvements.
The developer had been unable to proceed with parking and circulation
improvements because Vons had been unwilling to approve the changes. The
Declaration indicated that written approval from Vons would be necessary before
changes could be made.
The proposed plans and architectural renderings were on display and the Planning Director
made an oral presentation, describing the project and the Planning Commission's action
regarding the parking and circulation concerns. He discussed the applicant's concerns that
compliance with the Planning Commission direction could not be obtained due to Vons'
refusal to concur with the modifications. In discussing the staff recommendation to approve
the appeal, he noted concerns with design of the Plaza trellis and recommended a condition
modifying the trellis design be included.
Applicant's Comments:
(1) Patrick Donahue, 10 Windflower, Irvine, stated that Vons was a separate tenant
located at this site owned by Mitsui Bank. Mr. Donahue reviewed other high-profile
shopping centers that they had renovated and stated that they wished to make this
shopping center safe, clean, well -lit and well -merchandised. Mr. Donahue stated that
they would improve the center through architecture, landscaping, paint and signage.
(2) Rueben Andrews, Graphic Solutions, landscape architect, presented a photographic
package entitled "Image Enhancement Program," and briefly described the project.
He stated that they were willing to work with Staff further on design of the trellis.
Public Comments:
(1) Ed Johnson, 30591 Via Ventana, spoke as a private citizen and stated that the Plaza
needed a facelift and the businesses would benefit from the improvements but, there
were two crucial aspects of the proposal that needed further work consisting of
parking and circulation. Mr. Johnson felt that if Vons was pressured, a viable
solution could be found; parking and circulation should be approached as an all-
inclusive project.
(2). Scott Schmidt, 32301 Camino Capistrano, Suite A, stated that he was a business
owner at this Plaza and urged the Council to approve the project because a facelift
would improve the site and tenant mix.
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Council Comments:
Council Member Campbell questioned whether Mr. Donahue would be willing to address
the Planning Commission's concerns if Vons could be convinced to work with him and he
confirmed his desire to solve the circulation and parking problems. Council Member
Campbell stated support for the project and suggested that the City Manager meet with
representative of Mitsui Bank about the Planning Commission's concerns.
Mayor Greiner expressed concern about traffic queuing onto Camino Capistrano at the entry
driveway. He suggested that in addition to lowering the walls at the entry, there be either
stop signs or physical restrictions on the cross -traffic. Council Member Jones concurred.
Avvroval of Appeal:
It was moved by Council Member Campbell and seconded by Council Member Swerdlin that
the following Resolution be adopted as modified to include a condition relating to the trellis
design, and the internal circulation design at the main entry:
APPROVING APPEAL - ARCHITECTURAL CONTROL
MODIFICATION 79-7 (PLAZA DEL RIO) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, UPHOLDING AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF ARCHITECTURAL CONTROL
MODIFICATION 79-7, A PROPOSED RENOVATION OF THE
SHOPPING CENTER AT 32291-32401 CAMINO CAPISTRANO {PLAZA
DEL RIO)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
The City Manager was asked to meet with the developer and Mitsui Bank, owner of the Vons
building, to evaluate the potential for modification at the entry area as suggested by the
Planning Commission. Staff was directed to evaluate the Mayor's suggestion of extending
the north side wall at the entry to prevent through traffic.
RECESS AND RECONVENE
Council recessed at 8:52 p.m. and reconvened at 9:03 p.m.
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ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF FINAL TRACT MAP 15686, NORTH R&D SITE, AND THE
IMPROVEMENT AND REIMBURSEMENT AGREEMENT (SUNCAL
DEVELOPMENT/SJD PARTNERS, LTD.) (600.301600.60) (CONTINUED
FROM JULY 6 1999
Stating a potential conflict of interest relating to her ownership of property in the area, Council
Member Campbell left the Chamber.
Written Communications:
(1) Report dated July 20, 1999, from the Director of Engineering & Building, advising
that the item had been continued from the July 6, 1999 meeting to allow residents
additional time to review Staff reports and to allow the City Attorney to review a
compliance issue with the mitigations in the project EIR.
(2) Memorandum dated July 14, 1999, from the City Attorney advising that he disagreed
with Mr. Curtis contentions that the developer had violated the EIR mitigation
measure 915 by grading on the project site without the placement of a buttress
improvement in the vicinity of the La Mirada slope landslide area.
(3) Letter dated July 12, 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita,
requesting that the City Council deny the final tract map based upon the
interpretation of the words, "prior to development" in the EIR. The letter indicated
that Council had authority to allow the developer to take any further action until
compliance with the EIR mitigation requirements had been accomplished.
(4) Letter dated July 15, 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita,
supplementing his last letter and requesting that the City Council deny final map
approval.
(5) Letter dated July 16, 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita,
responding to Mr. Shaw's letter which concluded that SunCal had not violated the
EIR mitigation measures.
(6) Letter dated July 15, 1999, from Brett Trowbridge, 26952 Via La Mirada, urging
denial of the final tract map.
(7) Letter dated July 13, 1999, from Jack Lucas, 2102 Business Center Drive, Suite 180-
A, Irvine, providing a response to the events that occurred at the July 6, 1999 City
Council meeting. Mr. Lucas requested denial of the final tract map.
Maps prepared by Cotton and Shires Associates were on display and included an the overall
SunCal project development map showing the various landslide areas, the North R&D site,
and a cross section view. The Engineering and Building Director made an oral presentation
advising that this item had been continued in order to provide additional information that had
been requested by the representatives of the homeowners, which had been accomplished.
City Council Minutes -14- 7/20/99
217
The item had also been continued to allow time for the City Attorney to provide an opinion
regarding the mitigation measure in the EIR stating the contractor should stabilize the site
prior to development, since the opinion of staff that the EIR mitigation measure was intended
to be prior to construction of homes.
The City Attorney advised that the matter had been legally reviewed several times and an
opinion written on July 14,1999 by his office. In addition, two other letter had been received
from Attorneys John Curtis and Jack Lucas reiterating their basic point that the EIR condition
had been violated due to grading work done to date. The City Attorney advised he had been
monitoring these issues closely and did not agree with the arguments as posed in the letters;
that this particular sentence needed to be interpreted in the context of the language contained
in the Development Agreement and the Zoning Document, which had discussion regarding
the whole nature of the project and how it was to be built and phased. He stated it was
apparent that the word "development" could not be narrowly construed as Mr. Curtis
suggested and had a meaning more in line with the City Engineer's interpretation. He relied
on the Planning and Engineering Department interpretation of the documents since they
were involved with the zoning documents as they evolved. He believed that their
conclusions were sound and legally defensible. Based on that, it was clear under the law that
the City Council had limited discretion in review of the Final Map and had a ministerial duty
to approve it if it was consistent with the Tentative Map. Therefore, there was no other
conclusion to be reached except that the Final Map needed to be approved and it was time
to do that. The City Attorney further indicated that the City had gone beyond what most
cities would do in preparing a further geologic study review in light of criticism of prior
geologic work to determine if there was some factual basis to conclude whether there was
a health and safety issue. The conclusions of the third party review, that is Cotton &
Associates, confirmed that the prior work was adequate and the site was geologically stable.
With regard to the R&D site, there were no health and safety issues there, as concluded by
the Cotton and Shires firm, and there was no factual basis to withhold final approval of the
Final Map.
Public Comments:
1. John Jay Curtis, 26922 Via La Mirada, stated that the City Attorney did not answer
any of the 35 questions in his July 12th letter; however, he felt the City Attorney
could not disagree with his conclusion that the City Council had the ability to deny
the final approval and take action to shut down the project if Council agreed with his
interpretation of the EIR mitigation measure. Mr. Curtis stated that "prior to
development" meant prior to excavating in the valley below the homes and prior to
cutting into the hill below the homes on Via La Mirada. The buttress was for the
protection of the homes on Via La Mirada and was an essential part of the EIR. Mr.
Curtis asked the City Council not to approve the final tract map. He further predicted
that there would be another landslide that would affect the freeway due to the
removal of dirt from the Chevrolet site at Camino Capistrano and Stonehill Drive.
In response to Council, Stan Helenschmidt of Cotton and Shires Associates responded that
their analysis of the larger landslide mass area revealed that there was an adequate factor of
safety with the removal of the material from the other side of the freeway from the Via La
Mirada landslide.
City Council Minutes -15- 7/20/99
218
(2) Paul Prince, 26902 Via La Mirada, stated that the intent of the mitigation measure in
the EIR was to buttress before grading and excavating began, based on his
discussions with Mike Schlesinger, former owner of the property, in 1991. Mr.
Prince stated that there should not have been any removals prior to a gravity fill and
he disagreed with the interpretation of the word "development" by City Staff. Mr.
Prince expressed concern that grading across the freeway from the Via La Mirada
area eventually cause another landslide that would affect the freeway.
(3) Kenneth Kasdan, 26000 Michelson, Irvine, stated that he represented 20 clients and
he spoke on opposition to approval of the final tract map. Mr. Kasdan stated his
objection and asked that his July 13th letter be included in the records. Mr. Kasdan
stated that any activity represented development and that the project had not been
mitigated properly and the site had not been stabilized. Mr. Kasdan urged that the
City Council deny approval of the final tract map.
(4) Brett Trowbridge, 26952 Via La Mirada, owner of a red -tagged home, requested that
the Council vote against approval of the final tract map and requested that they look
at the stability of the entire site and not just the R&D site.
(5) David DeHaas, 26882 Via La Mirada, stated that they had signed an agreement with
the developer prior to development of the site and prior to the landslide occurring
indicating that the developer would take responsibility, and they had failed to do that.
He asked for the City Council's help with their problems.
(6) Jim Lee, 26962 Via La Mirada, requested that the City Council use their common
sense on this issue, stating that as a contractor himself, he believed the buttress was
needed prior to excavation and grading. Mr. Lee stated that the play on words was
useless and requested that the Council vote against approval of the final tract map.
(7) Sam Use, 33632 Valle Road, stated his concerns regarding the maintenance of Valle
Road and asked regarding its legal ownership. Mr. Huber pointed out the portion of
the road owned by SunCal.
(8) Richard Hill Adams, 33532 Forster Ranch Road, stated that he also had issues with
maintenance of Valle Road, which he knew to be owned by SunCal. Mr. Adams
stated that the road was currently in disrepair and expressed concern about
maintenance once the road was turned over to the City. Mr. Adams asked that the
City Council require the developer to resurface and repair the road to City standards
and specifications.
Council Member Comments:
Council Member Jones stated that he felt Council had to heed the advice of the professional
staff and the City Attorney. Council Member Swerdlin concurred, stating that this was a very
complicated issue and he relied on the advice of the City Attorney. Council Member Hart
also concurred in the need to abide by the advice from the City's legal counsel and reiterated
that the City had undertaken extensive review of this item with the independent geological
land survey.
City Council Minutes -16-
7/20/99
219
Mayor Greiner expressed sympathy for the affected residents and stated that Council did not
take their plight lightly, as evidenced by the additional steps in review of this project,
however, under the circumstances, he was obliged to follow the advice of the City Attorney
and support approval of the final tract map.
Approval of Final Tract Map:
It was moved by Council Member Hart and seconded by Council Member Swerdlin and
unanimously carried with Council Member Campbell absent, that Final Tract Map 15686 be
approved based on the findings that it conformed to requirements set forth in the Subdivision
Map Act, the approved Tentative Tract Map conditions and the Development Agreement.
The Improvement and Reimbursement Agreement was approved and the City Engineer and
the City Clerk were authorized to execute the Final Map and Agreement for recording. Staff
was directed to contact SunCal regarding maintenance obligations on the private portion of
Valle Road.
ORDINANCES - None
COUNCILMANIC ITEMS
I . ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority L1040.60
Council Member Jones noted that the materials regarding the Finance meeting will
be available in Council slots.
b. Orange County Vector Control District (560.50
Council Member Swerdlin noted a demonstration regarding volunteer efforts by two
employees called Vector Inspectors who teach fourth through sixth graders about
vectors; and, the Vector of the Month was the mosquito.
COUNCIL COMMENTS
1. SAN JUAN SUMMER NITES 150.60
Mayor Greiner invited attendance at the second event scheduled for July 21, 1999, at the
Historic Town Center Park.
2. MEETING ATTENDANCE 610.25
Council Member Hart advised that he would be absent from the August 3, 1999, City
Council meeting.
City Council Minutes -17- 7/20/99
220
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:00 p.m. to the
next meeting date of Wednesday, July 28, 1999, at 5:00 p.m. in the City Council Chambers to hold
a joint worksession with the Planning Commission regarding the Los Rios Specific Plan.
ATTEST:
11
JOHN )GREINER, MAYOR
Respectfully submitted,
MM-��i�.�,/�
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City Council Minutes -18-
7/20/99
221
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 July 20, 1999, adjourned said meeting to Tuesday,
July 28, 1999, at 7:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan
Capistrano.
DATED: July 21, 1999
Cheryl Johnson, CityJL71erk
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 July 21,
1999.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl JohnsoN Citi Clerk
San Juan Capistrano, California