99-0817_CC_Minutes_Regular Meeting241
AUGUST 17, 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 6:00 p.m. for the following purposes, as authorized by
statute:
Pursuant to Government Code Section 54956.9, the City Council will confer with its
Legal Counsel regarding the status of City. _of San Juan Capistrano vs. Barrios Housing
Corporation, et al.
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 7:05 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor John Meadors, 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; Gus De La Torre, Orange County Sheriffs Department; Bonnie Sanchez,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
Mayor Greiner announced there was no action to report from Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
PRESENTATION OF PLAQUES TO 1998 MAN AND WOMAN OF THE YEAR
(610.40)
Written Communications:
Report dated August 17, 1999, from the Community Liaison, advising that the Chamber
of Commerce had recognized Joan Hood as the 1998 Woman of the Year and Al
Simmons as the 1998 Man of the Year; and, listing their many contributions to the
community.
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Ms. Hood and Mr. Simmons were present to receive plagues from Mayor Greiner
recognizing their service to the community.
PRESENTATION OF RESOLUTION COMMENDING THE OAKS
INTERNATIONAL (610.40)
Written Communications:
Report dated August 17, 1999, from the Community Liaison, advising that The Oaks
International would be held on Saturday, September 18, 1999, at The Oaks/Blenheim
Rancho Mission Viejo Riding Park. This event would be presented by the
Oaks/Blenheim Exhibitions, and would benefit the Boys & Girls Club of Capistrano
Valley, Drug Use is Life Abuse, Fran Joswick Therapeutic Riding Center, Mission San
Juan Capistrano, National Water Research Institute, Rancho Mission Viejo Land
Conservancy and the Reeve -Irvine Research Center at UCI.
Mayor Greiner presented the Resolution of Commendation to Mr. R.J. Brandes, Mrs,
Joan Irvine -Smith and Mr. Richard O'Neill in recognition of the contribution to local
charities.
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10
Council Member Campbell introduced the following persons in attendance: Ed Johnson,
Planning Commission; Joanne de Guevara, Housing Advisory Committee; Al Simmons,
Senior Liaison; and June Simmons.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY
REDEVELOPMENT AGENCY/CAPISTRANO VALLEY WATER
DISTRIX
None
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.
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2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of July 20, 1999, and the Adjourned Regular
Meeting of July 28, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JULY 15. 1999 (300.30)
The List of Demands dated July 15, 1999, in the total amount of $2,385,384.71 was
ordered received and filed.
4. RECEIVE AND FILE WARRANTS OF JULY 29, 1999 (300.301
The List of Demands dated July 29, 1999, in the total amount of $409,460.88 was
ordered received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated August 17, 1999, from the Planning Director, advising that no new
applications have been received since the last Report on August 3, 1999, was ordered
received and filed.
6. APPROVAL OF PLANS AND SPECIFICATIONS, AND AUTHORIZATION_ TO
RECEIVE BIDS - REHABILITATION OF ORTEGA HIGHWAY - DEL OBISPO
STREET 1-5. SOUTHBOUND RAMPS (CIP NO. 114) (600.30)
As set forth in the Report dated August 17, 1999, from the Director of Engineering and
Building, the plans and specifications for the rehabilitation of Ortega Highway from Del
Obispo Street to 1-5 Southbound Ramps was approved and Staff was authorized to
receive bids.
7. AWARD OF BID - CONCRETE REPAIRS (GREEK'S CONCRETE) (600.30)
As set forth in the Report dated August 17, 1999, from the Public Works Director, the
bid for minor concrete repairs was awarded to Greek's Concrete for Fiscal Year 1999-
2000 on an as needed contract basis not to exceed $75,000.
8. AWARD OF BID - ASPHALT REPAIRS OLIVER-MAHON ASPHALT INC.
600.30
As set forth in the Report dated August 17, 1999, from the Public Works Director, the
bid far asphalt repairs was awarded to Oliver -Mahon Asphalt, Inc., for Fiscal Year 1999-
2000 on an as needed contract basis not to exceed $60,000.
9. RECEIVE AND FILE YEAR 2000 COMPLIANCE - STATUS UPDATE 180.10
The Status Update Report dated August 17, 1999, from the Administrative Services
Director, for the Year 2000 Compliance was ordered received and filed.
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10. ADOPTION OF ANNUAL REVIEW OF INVESTMENT POLICY (350.30)
The Investment Policy for the City of San Juan Capistrano for Fiscal Year 1999-2000
was adopted.
11. DENIAL OF CLAIM OF MELTON FOR DAMAGES (170.10)
As set forth in the Report dated August 17, 1999, from the City Attorney, the claim filed
by James Melton for damages was denied in its entirety.
12. APPROVAL OF MODIFICATIONS TO CITY COUNCIL POLICY #419
REGARDING STREET BANNER AT DEL OBISPO AND CAMINO
CAPISTRANO (610.30)
As set forth in the Report dated August 17, 1999, from the Economic Development
Manager, the modifications to City Council Policy #419, adding a list of community
events to receive priority use of the banner and modifying miscellaneous banner review
and text limitations, were approved.
13. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION
STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK (AYSO REGION
87) (600.30)
As set forth in the Report dated August 17, 1999, from the Community Services
Director, the License Agreement between the City of San Juan Capistrano and AYSO
Region 87 for use of the concession stand at the San Juan Capistrano Sports Park for
the period of September 1, 1999 to January 31, 2000, was approved.
14. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID
COMMUNITY CENTER SOUND SYSTEM (600.10)
As set forth in the Report dated August 17, 1999, from the Director of Engineering &
Building, specifications and call for bids for the Community Center Sound System were
approved; and funds in the amount of $20,000 were appropriated from Measure D Open
Space Bonds to the Community Center Project No. 451.
15. APPROVAL OF EXTENSION OF LICENSE AGREEMENT FOR USE OF
PUBLIC PROPERTY DOMINIC NITTI 600.30
As set forth in the Report dated August 17, 1999, from the Public Works Director, the
extension of the License Agreement with Dominic Nitti for the use of a portion of the
Swanner Ranch property to maintain a garden was approved for the one-year period
ending September 30, 2000.
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16. APPROVAL OF LICENSE AGREEMENT WITH VOLKSWAGEN OF AMERICA
FOR ACQUISITION OF LAND FOR ROAD WIDENING PURPOSES ON VALLE
ROAD (600.30)
As set forth in the Report dated August 17, 1999, from the City Attorney, the License
Agreement between the City and Volkswagen of America to provide for the terms and
conditions of the City's installation of the road widening work on Valle Road was
approved.
PUBLIC HEARINGS
ADOPTION OF RESOLUTION ORDERING FORMATION OF GEOLOGIC
HAZARD ABATEMENT DISTRICT 99-1, TENTATIVE TRACT 13823
(STONEFIELD_SAN JUAN, LLC) (345.90)
Proposal:
Consideration of formation of Geologic Hazard Abatement District (CHAD) 99-01 for
Stonefield San Juan, LLC, Tentative Tract 13823 and appointment of the City Council
as the initial Board of Directors of the District. The public hearing had been set by
Resolution on July 20, 1999,
Written Communications:
Report dated August 17, 1999, from the Director of Engineering & Building, advising that
Tentative Tract No. 13823 (Stonefield) had been conditioned by the City to establish a
Geologic Hazard Abatement District (CHAD) for potential use in the event of a
catastrophic slope failure. The District formation would provide a tool that future
homeowners may use to repair major slope failures by which bonds would be sold and
repaid by property assessments over an extended period of time.
William Huber, Director of Engineering & Building, 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, closed the hearing with the right to re -open at any time.
Approval of formation of GRAD:
It was moved by Council Member Jones, seconded by Council Member Campbell that
the following Resolution be adopted:
RESOLUTION NO. 99-8-17-1, APPROVING FORMATION OF
GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE FORMATION OF, ANDAPPOINTING
THE BOARD OF DIRECTORS FOR, GEOLOGIC HAZARD
ABATEMENT DISTRICT 99-1 FOR TENTATIVE TRACT 13823
(STONEFIELD SAN JUAN, LLC)
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
2. ADOPTION OF RESOLUTION VACATING AN EQUESTRIAN EASEMENT
WITHIN LOT 5 OF TRACT 9795 (LOVE TRACT); 26112 CALLS ROBERTO
GROENENDYKE 670.50
Proposal:
Consideration of a Resolution vacating an equestrian easement within Lot 5 of Tract
9795, as requested by the underlying property owner. The public hearing had been set
by Resolution on July 20, 1999.
Written Communications:
Report dated August 17,1999, from the Director of Engineering & Building, advising that
the Parks, Recreation and Equestrian Commission had determined that there was no
need for retaining the easement and had supported abandonment.
William Huber, Director of Engineering & Building, 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, closed the hearing with the right to re -open at any time.
Adoption of Resolution:
It was moved by Council Member Campbell, seconded by Council Member Jones that
the following Resolution be adopted:
RESOLUTION NO. 99-8-17-2, APPROVING VACATION OF
EQUESTRIAN EASEMENT WITHIN LOT 5, TRACT 9795
(GROENENDYKE) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING THE
REMAINING PORTION OF AN EQUESTRIAN EASEMENT WITHIN
LOT 5 OF TRACT 9795 ASSESSOR'S PARCEL NO. 649-101-25;
LOCATED AT 26122 CALLE ROBERTO, SAN JUAN CAPISTRANO
(EDWARD GROENENDYKE)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor
Greiner
NOES: None
ABSENT: None
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The Mayor and City Clerk were authorized to execute the Resolution; and the City Clerk
was directed to forward the Resolution to the Orange County Recorder for recordation.
3. ARCHITECTURAL CONTROL MODIFICATION 96-9. AND FLOODPLAIN
PERMIT 99-1. APPROVAL OF CONSTRUCTION OF CREEK BANK
STABILIZATION IMPROVEMENTS ALONG SAN JUAN CREEK LOCATED AT
32371 SAN JUAN CREEK ROAD (RESCO/SHURGARD-SAN JUAN CREEK
STORAGE) (410.60/550.10)
Proposal:
Consideration of a request by Resco Self -Storage LLC to construct creek bank
stabilization improvements along San Juan Creek, consistent with the U.S. Army corps
of Engineers standards, along the northerly boundary of their property located at 32371
San Juan Creek Road.
Applicant/Properly Owner:
Resco Self -Storage LLC, Attn.: Douglas Simpson, 1400 N. Bristol St., #150, Newport
Beach, CA 92660-2957
Written Communications:
Report dated August 17, 1999, from the Planning Director, advising that the proposed
improvements consisted of the placement of non -grouted, rock rip -rap and related
improvements along the embankment to protect against erosion during storm events.
William Ramsey, Principal Planner, made an oral presentation. He advised that the
City's Planning Commissioner Tim Neely, Executive Director of the Natural
Communities Conservation Program, had endorsed the type of improvements proposed
and that the Planning Commission had also recommended approval.
Public Hearing:
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.
Council Comments:
Council Member Campbell stated that she would vote against approval of this project
based on the philosophy that a self -storage facility was the wrong use for the property.
Council Member Swerdlin concurred with Council Member Campbell.
Adoption of Resolution:
It was moved by Council Member Hart, seconded by Council Member Jones that the
following Resolution be adopted:
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RESOLUTION NO. 99-8-1.7-3, APPROVING ARCHITECTURAL
CONTROL MODIFICATION 96-9 AND FLOODPLAIN PERMIT 99-1
(RESCO-SHURGARDI - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING
THE ISSUANCE OF A MITIGATED NEGATIVE DECLARATION AND
APPROVING ARCHITECTURAL CONTROL MODIFICATION 96-9AND
FLOODPLAIN PERMIT 99-1, A PROPOSAL TO CONSTRUCT CREEK
BANK STABILIZATION IMPROVEMENTS ALONG SAN JUAN CREEK
FOR A PARCEL LOCATED AT 32371 SAN JUAN CREEK ROAD
(RESCO-SHURGARD)
The motion carried by the following vote:
AYES: Council Members Jones, Hart and Mayor Greiner
NOES: Council Members Swerdlin and Campbell
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:38 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF JOINT COMMUNITY FACILITIES DISTRICT BETWEEN THE
CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER
DISTRICT AND CAPISTRANO UNIFIED SCHOOL DISTRICT ON BEHALF OF
THE PACIFIC POINT PROJECT SUNCAL COMPANIES 600.50
(CONTINUED FROM AUGUST 3, 1999)
Written Communications:
1. Report dated August 17, 1999, from the Administrative Services Director,
advising that the Capistrano Unified School District had requested that the City
and Water District enter into a Community Facilities District jointly with the
School District in order to use public financing for the acquisition of the school
site on Camino Las Ramblas and the construction of the Kinoshita Elementary
School. The Community Facilities District would also assist in the funding of the
construction of certain major City and Water District facilities required for the
Pacific Point Development. The Report advised that the anticipated tax rate of
1.63% would generate an $11,765,000 bond based on the estimated property
values; however, property values were being further evaluated and a
supplemental report would be provided prior to the meeting.
(2) Supplemental Report dated August 17, 1999, from the Administrative Services
Director, advising that further evaluation concluded that the estimated property
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values should be based on $182 per square foot for finished construction, rather
than the initial estimate of $200 per square foot. Based on that conclusion, the
property $11,765,000 bond would result in an estimated total tax rate of 1.7%.
The Report recommended approval of the requested District.
Cynthia Russell, Administrative Services Director, made an oral presentation.
Approval of Joint Community Facilities District:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried that the Joint Community Facilities District between the City of San
Juan Capistrano, Capistrano Valley Water District and Capistrano Unified School
District on behalf of the Pacific Point Project be approved with an anticipated tax rate
of no more than 1.7%.
2. APPROVAL OF AGREEMENT WITH THE BOYS & GIRLS CLUB OF
CAPISTRANO VALLEY INC. AS SUB -GRANTEE FOR PURPOSES OF U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT (600.30)
Written Communications:
Report dated August 17, 1999, from the Assistant City Manager, advising that in the
Federal Budget approved last October, the Boys & Girls Club of Capistrano Valley, Inc.,
had been _awarded $500,000 through the Department of Housing and Urban
Development to assist with construction costs of a Club facility. The grant was
structured so that the funds must be passed to a local unit of government, the grantee,
and in this case the City of San Juan Capistrano, which in turn was obligated to ensure
that the grant funding was allocated to the Club in a manner that met all HUD
requirements. The City was also required to enforce compliance by the Sub -grantee,
the Boys & Girls Club of Capistrano Valley, Inc., with the terms of the agreement.
Jennifer Murray, Assistant City Manager, made an oral presentation.
Approval of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin
and unanimously carried that the Housing and Urban Development Grant Agreement
to set forth responsibilities with regard to the construction of the youth facility at the
Community Center be approved.
PLANNING DIRECTOR
CONTINUATION OF CONSIDERATION OF REZONE 98-5 AND TENTATIVE
TRACT MAP 15771: A SUBDIVISION OF 3.93 ACRES TO ALLOW A GATED
COMMUNITY OF 25 SINGLE FAMILY DETACHED UNITS AND PRIVATE
PARK LOCATED AT THE NORTHEAST CORNER OF VILLAGE ROAD AND
RANCHO VIEJO ROAD (OLSON COMPANY) (460.201420.40) (CONTINUED
FROM JULY 20,199
Applicant:
The Olson Co., Attn.: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740
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Written Communications:
(1) Report dated August 17, 1999, from the Planning Director, reviewing the history
of this project since original consideration by the Planning Commission on
February 25, 1999, through the Public Hearing at the July 20, 1999, City Council
meeting. Staff recommended that the City Council introduce the ordinance
approving the amendment to the Planned Development District allowing a
residential use as the principal permitted use.
(2) Memorandum dated August 13, 1999, from the Planning Director, advising that
Police Services had requested inclusion of conditions that would improve
visibility of the park from the public street and improve visibility during darkness.
The memorandum set forth two conditions for inclusion in the resolution of
approval to address those concerns.
(3) Memorandum dated August 17, 1999, from the City Manager, forwarding a
response from the Planning Director to Council Member Swerdlin's request for
clarification of the noise impacts on the Olson project and the recommended
mitigation measures. Two additional conditions were recommended for inclusion
in the resolution of approval requiring the City's sound consultant to provide
written verification that the City noise standards would be met if a project wall of
no greater than 8 feet in height was constructed along Rancho Viejo Road; and,
requiring the sound consultant to perform a detailed analysis to determine the
minimum height the project wall along Rancho Viejo Road must be to provide
sufficient sound mitigation to satisfy the City's noise standards. The
memorandum also forwarded an alternate condition to continue the item.
(4) Letter dated August 12, 1999, from Dean Steinke, Village San Juan
Homeowners Association, Inc., forwarding a July 30, 1999, attorney's opinion
letter regarding statements made by Pauline Doleshal at the July 20, 1999
Council meeting. The attorney's letter advised that the Homeowners Association
Board of Directors has the authority to appear before the City Council and
oppose or support in whole or in part any proposed building project which the
Board feels would have an adverse effect on the Association.
(5) Letter dated August 11, 1999, from Pauline Doleshal at 29716 Woodlake Court,
setting forth misleading statements made to the Association by the President at
the last Village San Juan Board meeting.
Thomas Tomlinson, Planning Director, made an oral presentation, noting the additional
conditions added for consideration, which included the comments made by Police
Services regarding lighting issues and recommendations regarding exterior noise
issues_
Public Comments:
(1) Dean Steinke, 26501 Park Circle, President of the Village San Juan
Homeowners Association, stated that he would no longer oppose the Olson
project and felt that the Village San Juan residents were split 50-50 with regard
to the project. Mr. Steinke felt there was a safety issue on Rosenbaum Road
involving a non -continuous sidewalk; that the new residents would use the
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Village's parks and lakes; that there would be a tremendous impact on Village
Road due to the proposed project; and, stated that the Village was interested in
privatizing Village Road.
(2) Pauline Doleshal, 29716 Woodlake Court, reviewed her submitted letter to the
City Council and issues with the homeowners association board members and
stated her support of the project.
(3) Kerry Chopin of the Olson Company, 3020 Old Ranch Parkway #250, Seal
Beach, was called on to speak as the next in order but declined.
(4) Kim Willauer of the Olson Company, 3020 Old Ranch Parkway #250, Seal
Beach, addressed the required Rosenbaum Road realignment and stated that
they had not officially met with Staff with regard to the defined scope of the
project; that there were details that had not been precisely defined. In response
to Council, the Engineering and Building Director stated that a realignment plan
had been presented and he felt there had been a lot of discussion regarding their
responsibilities.
(5) Bill Sewalk, 26351 Marina Road, stated that approximately 150 people attended
a homeowners association meeting on July 31, 1999, with the Olson Co. and the
general conclusion was that people were in favor of a residential project versus
a commercial project. Mr. Sewalk stated that another homeowners association
meeting was held on August 5, 1999, and the conclusion was that the Village
residents wanted the Olson project to proceed.
Council Comments:
Council Member Campbell stated that she would continue to vote against this project
because of her concern that this was not an appropriate location for a residential
development due to the noise impacts.
Council Member Jones stated that the developer had taken the Council's concerns into
consideration and had made multiple changes. He felt that especially with the addition
of single -story homes, this project was more compatible with the ambiance and
character of the City and he could support the project. He made a motion, for
discussion, to approve staff recommendation, including the condition regarding written
verification that the project wall would be no greater than eight feet high.
Council Member Swerdlin stated that this was a good project with the exception of the
significant noise impacts. He stated his preference to continue the item until the sound
consultant had prepared another study stating definitely whether a seven- or eight -foot
wall would be sufficient, or whether there was a need for an eleven -foot wall. Council
Member Swerdlin made a motion to continue the item for 30 days.
Council Member Hart stated that with the changes that had been made he felt this was
a good project. He was pleased that law enforcement had been included in the planning
process but he expressed concern that the applicant was not clear about their
responsibilities with regard to Rosenbaum Road and felt a continuation might be in
order. He stated he could support an eight -foot wall, but not an eleven -foot wall. He felt
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conditions could have been placed to assure that Council's concerns were met, but the
issue regarding Rosenbaum Road should have already been resolved. He seconded
Council Member Swerdlin's motion with the intention that the wall height, roadway and
sidewalk issues be resolved during the interim.
The City Manager indicated that staff was concerned with regard to the applicant's
comments on Rosenbaum Road and could also support continuance.
Applicant's Comments:
Kerry Chopin of the Olson Co. stated his impression that the second sound study was
more favorable than the original one; the eleven -foot wall was part of the report initially,
and it had been agreed that a seven -foot wall would be sufficient. The Olson Company
would not support an eleven -foot wall and would concurwith the condition regarding the
eight -foot wall. The City Manager clarified that if sound mitigation could not be met with
an eight -foot wall, there would be no project approval. With regard to the Rosenbaum
Road issue, Mr. Chopin stated that there was a fairly definitive plan. The comment was
meant to assure that there would be a clear-cut and detailed way to proceed on the road
realignment and that they wished to work with staff to complete those details only. He
indicated there was still negotiation to be conducted regarding the reimbursement
agreement; that the reimbursement was the only portion of the agreement they were
concerned with. The Engineering and Building Director advised that the reimbursement
agreement typically was approved in conjunction with the final map, which would come
before Council in the future.
Council Member Swerdlin read from the summary by Gordon Bricken & Associates -
Noise Control by Barrier Design on page 1, indicating the need for sound barriers at
least eleven feet high along the west property line to produce the required exterior noise
level of 60 dbA CNEL and sound barriers at least seven feet high to produce an exterior
noise level of 65 dbA. CNEL. He also read from page 5 regarding the City's
requirement that all residential projects conform to an exterior noise level of 60 CNEL.
He urged that the item be continued to settle the issues. Mayor Greiner indicated that
the conditions added by staff addressed the concerns and would not require another
meeting to discuss the project. Council Member Hart noted there was confusion over
the height of the wall, the roadway and sidewalk and the item should be continued.
Council Member Jones withdrew his motion for approval of the project.
Motion to Continue Consideration of Project:
It was moved by Council Member Swerdlin and seconded by Council Member Hart that
consideration of Rezone 98-05 and Tentative Tract Map 15771 be continued to
October 5, 1999, in order to provide adequate time for the City's sound consultant to
prepare a written recommendation specifying the minimum wall height for sufficient
sound mitigation to satisfy the City's noise standard.
The motion carried by the following vote:
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AYES: Council Members Jones, Swerdlin, Hart and Campbell
NOES: Mayor Greiner
ABSENT: None
2. APPROVAL OF MITIGATED NEGATIVE DECLARATION AND
AUTHORIZATION TO APPLY TO THE STATE WATER RESOURCES BOARD
TO PUMP GROUNDWATER FROM THE SAN JUAN BASIN ON AN ANNUAL
BASIS 1050.60 CONTINUED FROM AUGUST 3 1999
Written Communications:
Report dated August 17, 1999, from the Planning Director, advising that the City and the
Capistrano Valley Water District had submitted an application to appropriate water to
the State of California Water Resources Control Board, Division of Water Rights in
January 1998. The purpose of the application was to obtain formal recognition of its
right to continue to pump groundwater from the San Juan Basin in accordance with its
existing, planned and historic use. The Capistrano Valley Water District had prepared
an initial study and had issued a Mitigated Negative Declaration to address potential
impacts and identify mitigation measures.
Adoption of Resolution:
It was moved by Council Member Hart and seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO. 99-8-17-4 CERTIFYING EXPANDED INITIAL
STUDY AND MITIGATION MEASURE - APPLICATION TO
APPROPRIATE WATER FROM THE SAN JUAN BASIN - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THE ADOPTION OF AN
EXPANDED INITIAL STUDYAND MITIGATION MEASURE PREPARED
FOR APPLICATION NO. 30696 TO THE CALIFORNIA STATE WATER
RESOURCES BOARD TO APPROPRIATE 3,325 ACRE-FEET OF
WATER ANNUALLY FROM THE SAN JUAN BASIN
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hartand Campbell and Mayor
Greiner
NOES: None
ABSENT: None
The City Manager was authorized to process the joint application with the State Water
Resources Board to pump up to 3,325 acre-feet of water annually from the San Juan
Basin.
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ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT -
CAMINO DEL AVION LANDSCAPE PROJECT (CIP NO. 131) (ARBOR
SERVICES) (600.3_
Written Communications:
Report dated August 17, 1999, from the Director of Engineering & Building, forwarding
background information and recommending award of the bid.
Council Comments:
Council Member Swerdlin expressed concern that bids had been received that were
much higher than the engineer's estimate and requested that this project be delayed for
another year.
Approval of Budget Amendment and Award of Contract:
It was moved by Council Member Hart and seconded by Council Member Jones and
carried with Council Member Swerdlin voting in the negative, that the Camino Del Avion
Landscape Project contract be awarded to the low responsible bidder, Arbor Services
in the amount of $96,689. Staff was authorized to transfer $46,733 from the projected
Systems Development and Gas Tax Fiscal Year 1999-2000 year-end surplus.
2. APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT - CITY
STREET REPAIRS 1999 CIP NO. 104 AND 119 HOLLAND-LOWE
CONSTRUCTION, INC.)_ (600.30)
Written Communications:
Report dated August 17, 1999, from the Director of Engineering & Building, forwarding
background information and recommending award of the bid.
Approval of Budget Amendment and Award of Contract:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried that the City Street Repairs 1999 contract be awarded to the low
responsible bidder, Holland -Lowe Construction in the amount of $371,979.30. Staff was
authorized to transfer $40,000 from the projected Systems Development Fiscal Year
1999-2000 year-end surplus.
3. ADOPTION OF RESOLUTION OF NECESSITY FOR EMINENT DOMAIN
PROCEEDINGS FOR KLEINIWELK PROPERTY ALONG VALLE ROAD
670.40
Written Communications:
Report dated August 17, 1999, from the Director of Engineering & Building, advising that
in order for SunCal, Inc., the developer of Tract 14196, to fulfill its obligation to complete
the widening of Valle Road, it was necessary to obtain additional right-of-way from two
adjacent property owners, the Gerald Klein/Earl Welk Partnership (K&W Development)
and the Core Resource, Inc. (Volkswagen of America) Negotiations between SunCal's
representative and K&W Development had been unsuccessful therefore, SunCal's
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representative had requested City intervention by exercising its condemnation rights
under eminent domain.
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Jones
that the following Resolution be adopted:
RESOLUTION NO. _99-8-17-5, INITIATING EMINENT DOMAIN
PROCEEDINGS - TENTATIVE TRACT MAP 14196 (SUNCAL
COMPANIES/K&W DEVELOPMENT) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE ACQUISITION OF PROPERTY AND THE
EXPENDING OF FUNDS THEREFORE, AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (TENTATIVETRACT MAP 14196,
14196, SUNCAL COMPANIESIK&W DEVELOPMENT)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart and Campbell and Mayor
Greiner
NOES: None
ABSENT: None
ORDINANCES
APPROVAL OF REZONE 99-2 - OSO RANCH COMPANY/SADDLEBACK
VALLEY CHRISTIAN SCHOOL (460.20) (ADOPTION)
Written Communications:
Report dated August 17, 1999, from the City Clerk, advising that the Ordinance was
introduced at the meeting of August 3, 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
Campbell, seconded by Council Member Swerdlin, that the following Ordinance be
adopted:
ORDINANCE NO. 840, APPROVING REZONE 99-2 - OSO RANCH
COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 99-2, A CHANGE OF
DESIGNATION FROM GROWTH MANAGEMENT AND PLANNED
DEVELOPMENT, TO PLANNED DEVELOPMENT DISTRICT FOR THE
CONSTRUCTION OF A PRIVATE SCHOOL LOCATED AT
ASSESSOR'S PARCEL NUMBERS 121-070-55, -56 AND -57 (OSO
RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL)
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256
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and
Mayor Greiner
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
APPOINTMENT OF VOTING DELEGATE AND ALTERNATE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE) (140.20)
Written Communications:
Report dated August 17, 1999, from the City Clerk, advising that the 1999 Annual
League of California Cities Conference will be held October 10-12, 1999, at the San
Jose Convention Center and itwas necessary to designate a Voting Representative and
an Alternate to attend the Business Meeting to be held on October 12, 1999.
Appointment of Delegate and Alternate:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell
and unanimously carried that Mayor Greiner be appointed the Voting Delegate and
Council Member Swerdlin be appointed the Alternate Delegate to represent the City at
the Annual Business Meeting of the 1999 League of California Cities Annual
Conference.
2. ORAL REPORTS OF OUTSIDE AGENCIES
None
COUNCIL COMMENTS
None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:35 p.m.
to the next regular meeting date of Tuesday, September 7, 1999, at the San Juan Capistrano
Community Center to conduct a joint worksession with the Planning Commission on the
Preliminary Draft General Plan.
ATTEST:
Respectfully submitted,
JOHN EINER, MAYOR CHERYL JOHNSOff, CITY CLERK
City Council Minutes -16-
8117199
257
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 August 17, 1999, adjourned said meeting to
Tuesday, September 7, 1999, at 7:00 p.m., at the San Juan Capistrano Community Center, 25925
Camino del Avion, San Juan Capistrano.
DATED: August 18, 1999
Cheryl Johnson City Jerk
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
August 18, 1999.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns&, CityrClerk
San Juan Capistrano, California