99-0921_CC_Minutes_Regular Meeting267
SEPTEMBER 21, 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 54956.9, the City Council will confer with its
Legal Counsel regarding the status of Wanket v. City of San Juan Capistrano.
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 7:04 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Council Member Campbell.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil .tones, 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 Cierk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning 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 there was no action to report from Closed Session.
INTRODUCTION PRESENTATIONS AND DONATIONS
PROCLAMATION DESIGNATING OCTOBER 3 1999 THROUGH OCTOBER 9
1999. AS "FIRE PREVENTION WEEK" (610.40
Written Communications:
Report dated September 21, 1999, from the City Clerk, forwarding the Proclamation.
The Report advised that fire stations throughout Orange County would host Open
Houses on Saturday, October 9, to conduct station tours and set up special displays
and safety demonstrations for the public.
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Battalion Chief Gregg Lusher was present to accept the Proclamation from Mayor
Greiner.
2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communications:
Report dated September 21, 1999, from the Personnel Manager, advising that Tom
Tomlinson, Planning Director had reached 25 years of service; Mae Shimizu, Secretary,
had reached 15 years of service; and, Dan Gee, Planning Technician, had reached 10
years of service.
Mr. Tomlinson, Mrs. Shimizu, and Mr. Gee were present to receive Certificates
recognizing their years of service to the City.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance. Ed Johnson
and William Pichler, Planning Commission; Joanne deGuevara and Marie Buckner,
Housing Advisory Committee; and, Don Tryon, Cultural Heritage Commission.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY)
1. Valle Road Cleanup/SunCal Construction (450.70)
Ed Parr, 32802 Valle Road, Space 119, advised that the cleanup after trucks hauling
dirt on Valle Road to the construction site at the end of Valle Road were ineffective in
removing the dirt and debris. He requested that the City enforce the cleanup
requirements and suggested that at the end of each day water trucks should clean Valle
Road from the construction site to La Novia Road. Mr. Parr was advised that staff was
aware of the problem and immediate action would be taken.
CONSENT CALENDAR
It was moved by Council Member Hart, 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:
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.
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2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 17, 1999
The Minutes of the Regular Meeting of August 17, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF August 261999 (300.30
The List of Demands dated August 26, 1999, in the total amount of $1,098,091.55, was
ordered received and filed.
4. RECEIVE AND FILE INVESTMENTS AS OF AUGUST 31 1999 350.30
The City Treasurer's Report of Investments as of August 31, 1999, was ordered
received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS 440.10
The Report dated September 21, 1999, from the Planning Director, advising that eight
new application had been received since the last Report on August 3, 1999, was
ordered received and filed.
6. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES -
GEOGRAPHIC INFORMATION SYSTEM DATA CONVERSION FOR THE
CITY'S SEWER SYSTEM GIS DATA CONVERSION PROJECT NOBEL
SYSTEMS 600.30
As set forth in the Report dated September 21, 1999, from the Public Works Director,
the Agreement with Nobel Systems, for the Geographic Information System Data
Conversion of the City's Sewer System, in the amount of $93,314.50, was approved.
The Mayor was authorized to execute the Agreement.
7. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES - LOW-
INTEREST LOAN APPLICATION TO THE STATE REVOLVING FUNDS
PROGRAM FOR THE NO -DOMESTIC WATER SYSTEM EXPANSION (BLACK
& VEATCH CORPORATION) (600.30)
As set forth in the Report dated September 21, 1999, from the Public Works Director,
the Agreement with Black & Veatch Corporation for the Low -Interest Loan Application
to the State Revolving Funds Program for the Non-domestic Water System Expansion
was approved in the amount of $37,800. The expenditure of funds for the project was
authorized from the Master Plan Implementation Project. The Mayor was authorized
to execute the Agreement.
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8. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES - CREATION
OF A DIGITAL ORTHOPHOTO OF THE COMBINED CITY OF SAN JUAN
CAPISTRANO AND CAPISTRANO VALLEY WATER DISTRICT SERVICE
AREAS, AND SURROUNDING AREAS OF INTEREST (DIGITAL MAPPING,
INC.) (600.301
As set forth in the Report dated September 21, 1999, from the Public Works Director,
the Agreement with Digital Mapping, Inc., for digital orthophoto services, was approved
in the amount of $90,000. Funds in the amount of $90,000 were appropriated from the
Capital Improvement Water Fund to this project. The Mayor was authorized to execute
the Agreement.
9. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE
CHAMBER OF COMMERCE FOR VISITOR SERVICES DURING FISCAL
YEAR 1999-2000 (600.30)
As set forth in the Report dated September 21, 1999, from the Economic Development
Manager, the Memorandum of Understanding with the Chamber of Commerce was
approved for the provision of visitor services during Fiscal Year 1999-2000, in the
amount of $25,000.
The following item was removed from the Consent Calendar:
APPROVAL OF AGREEMENT FOR CURATION SERVICES FOR THE
MONTANEZ ADOBE (CAPISTRANO CORNERSTONE, INC.) (600.30)
Written Communications:
Report dated September 21, 1999, from the Assistant City Manager, forwarding an
Agreement with Capistrano Cornerstone, Inc., for Curation Services at the Montanez
Adobe.
Approval of Agreement:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
carried with Council Member Jones abstaining due to a conflict of interest relating to the
proximity of his residencelbusiness to this site, to approve the agreement with
Capistrano Cornerstone, Inc., for Curation Services for the Montanez Adobe for the
period ending September 21, 2002.
PUBLIC HEARINGS
DENIAL OF APPEAL OF PLANNING COMMISSION ACTION OF JULY 27
1999 APPROVING NEW FACILITIES FOR CALVARY CHAPEL AT THE
ORTEGA BUSINESS CENTER - ARCHITECTURAL CONTROL 99-21
CONDITIONAL USE PERMIT 99-4 (CALVARY CHAPEL OF SAN JUAN
CAPISTRANO) (410.601460.70
Proposal:
Consideration of an appeal of the Planning Commission's approval of applications which
would permit an 862 -seat sanctuary, a 10,800 -square -foot Sunday School building, and
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271
a 2,281 -square -foot fellowship hall in the Ortega Business Center. The appellant
contended that the uses would detract from the commercial and retail environment and
contribute to parking congestion within the Center. The General Plan designation on
the site is 5.0 (Public and Institutional Uses), which allows churches as a permitted use.
The site is located within the Planned Community Zone District and is regulated by
Comprehensive Development Plan 78-1. The project is located within Planning Area
A-2, subsection 2, which allows churches and places of worship as conditionally
permitted uses, but which does not permit primary or secondary schools.
Applicant:
Calvary Chapel Church, 31654 Rancho Viejo Road, San Juan Capistrano
Appellant:
Thomas Merrell, 31726 Rancho Viejo Road, Suite 233, San Juan Capistrano
Property Owner:
Ortega Properties, c/o Margaret Cogdell, 31738 Rancho Viejo Road, Suite B, San Juan
Capistrano
Written Communications:
(1) Report dated September 21, 1999, from the Planning Director, describing the
proposed project and addressing the concerns stated in the appeal application.
(2) Memorandum dated September 17,1999, from the Planning Director, forwarding
the applicable sections of the Ortega Highway Planned Community
Comprehensive Development Plan.
(3) Letters of support of the proposed church expansion from the following: Mark
and Jennifer Jenkins, 26585 Camino de Vista, #B, San Juan Capistrano; Mr. and
Mrs. L. Carroll, P. O. Box 155, San Juan Capistrano; Tom Frigone, 27981
Camino Santo Domingo, San Juan Capistrano; and, Steve & Maryl Wilson,
32812 Parkside Way, San Juan Capistrano.
The proposed landscaping plan, sanctuary elevations, classroom elevations and site
sections were on display. C. J. Amstrup, Senior Planner, provided a brief history and
description of the Ortega Business Center and Calvary Chapel. He advised that the
appellant was a tenant in the office portion of the Ortega Business Center, and felt that
the Church was an inappropriate use; would block views of the site from Ortega
Highway and Rancho Viejo Road; change the visual character of the site from
predominately retail to predominately public and institution; and, create parking conflicts
with existing uses. He emphasized that the sites occupied by the Ortega Business
Center and the St. Margaret's Episcopal Church and School were all designated 5.0,
public and institutional, in the General Plan, The Comprehensive Development Plan
listed churches as a conditional use on the pad designated for the sanctuary and as a
principal permitted use on the pad east of the proposed sanctuary. Mr. Amstrup
advised that allowing churches as a conditional use in a district predominately occupied
by commercial office development was not a mix unique to this site; it was the same
development standard included in the City's own commercial office designation. He
noted that the establishment of a primary or secondary school on the site would take a
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legislative action. He further advised that an evaluation of the best fiscal uses for the
sites, prepared by Keyser Marston & Associates and Linda Congleton & Associates,
found that the vacant pads were inappropriate for traditional retail uses and
recommended they be developed with uses that do not rely on visibility. Mr. Amstrup
discussed the parking issues and noted that a study prepared by Austin Foust &
Associates found that the use could be compatible due to the differing peaks between
the church use and the adjacent uses.
Appellant Comments:
With the aid of a Power Point presentation, Mr. Merrell explained that he did not have
an issue with Calvary Chapel itself. He felt this was not an appropriate location for this
ministry. He reviewed the land use maps for the area and advised that with the
increasing conversion of the area to non-commercial uses, it was becoming harder to
operate a commercial venture successfully from the Center. He discussed his issues
with how the church operation impacts the Center. He suggested that the City direct
that other sites be investigated for their use and he would volunteer his time to assist
in that search, noting that he felt the Church use would be too intense for the Center.
He further suggested that the City protect the existing business area from non-
commercial intrusion; implement the Economic Study recommendations by rezoning the
pads along Ortega Highway; and, work with Calvary Chapel to relocate to a site that
would allow for their growth.
Applicant Comments:
Calvary Chapel Pastor Brian Wood, 3204 Calle Grande Vista, San Clemente,
addressed the concerns expressed by Mr. Merrell. He stated that there would be only
one sign facing the corner; that their buildings would not block the view of the Center;
and, that they wanted to work with the other businesses regarding potential parking
conflicts. He felt that most of the conflicts with the Center had occurred during their
special events and felt that when they moved to their new facilities there would be no
more conflicts with the other businesses. He advised they would not have special
events if the City felt that was appropriate. With regard to the use being too intense, he
advised that there was one Sunday service with an attendance of approximately 160
people. He described how the seating capacity had been calculated; stated that a
maximum of 650 seats was all that would fit; and, they would modify that if the City so
directed. He stated they did not foresee the church growing to an attendance of over
2,000; if attendance reached 1,000 they would be looking for a new location. He urged
the Council to confirm the Planning Commission decision.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing,
and the following persons responded:
(1) Margaret Cogdel, 31738 Rancho Viejo Road, Suite B, representing the owner
of the Center, noted that the Church will vacate approximately 8,000 square feet
that can be re -marketed for other retail or commercial uses. She stated that if
the Church were to relocate to an alternative site they would have to purchase
four to five acres, which would become tax exempt. This 2 -acre site could
accommodate their use because parking would not be a part of their property;
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and, further, less land would be tax exempt. She expressed the assurances that
the property owner would work with the Church to control traffic_
(2) James Thayer, with Timeless Architecture, the project architect, 23276 South
Pointe Drive, Suite 208, Laguna Hills, advised that the proposed project would
blend with the current site architecture. He stated that the two buildings
represented approximately 118 of the overall Center frontage. He explained the
seating capacity calculations and the seating layout, noting that with the chairs
and isles there would be only seating for 650. He indicated that there were 130
parking spaces associates with the two parcels, which would be more than
adequate for mid -week services.
(3) William Young, a church member, urged support of the Planning Commission's
decision, noting that church members patronized the Center businesses.
(4) Robert Marriott, a resident of San Juan Capistrano, felt that retail business
owners wanted to locate in complexes that were busy. He felt that retail
businesses in the Center would appreciate the church members because they
were all potential customers. Without the church he felt the Center would stay
"sleepy."
There being no one else wishing to speak, Mayor Greiner closed the Hearing with the
right to ie -open at any time.
Council Discussion:
Council Members Jones, Hart and Campbell expressed support of the Planning
Commission decision. Mayor Greiner indicated he would support the Planning
Commission decision, but felt parking might become an issue in the future. Council
Member Swerdlin cited his concerns regarding the parking management program and
the massing of the buildings as viewed from Ortena Highway. He felt this site should
be studied as part of the General Plan update and it was too soon to make a decision.
Denial of Appeal:
It was moved by Council Member Jones, seconded by Council Member Campbell that
the following Resolution be adopted:
RESOLUTION NO. 99-9-21 -1.DENYING APPEAL- CALVARY CHAPEL
(ARCHITECTURAL CONTROL 99-21CONDlTIONAL USE PERMIT
99-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND
AFFIRMING THE PLANNING COMMISSION'S ACTION OF JULY 27,
1999, CONDITIONALLY APPROVING CALVARY CHAPEL'S REQUEST
TO RELOCATE AND CONSOLIDATE ITS EXISTING MEETING AREAS
WITHIN THE ORTEGA VILLAGE SHOPPING CENTER INTO TWO
NEW BUILDINGS LOCATED ON BUILDING PADS TWO AND THREE
OF THE ORTEGA BUSINESS CENTER, LOCATED AT THE
SOUTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO
ROAD (CALVARY CHAPEL)
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The motion carried by the following vote:
AYES: Council Members Jones, Hart, Campbell and Mayor Greiner
NOES: Council Member Swerdlin
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:25 p.m., and reconvened at 8:25 p.m.
2. APPROVAL OF 1998-1999 STATE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM GRANTEE PERFORMANCE REPORT (480.20)
Proposal:
Consideration of the annual report to the State describing the status of grant
expenditures. The City had been awarded $500,000 in Community Development Grant
Funds from the State in July, 1998.
Applicant:
City of San Juan Capistrano
Written -Communications:
Report dated September 21, 1999, from the Planning Director, describing the activities
associated with the City's grant and advising that a total of $17,668,69 in State grant
funds had been expended through June 30, 1999.
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 1998-1999 Grantee Performance Report:
It was moved by Council Member Jones, seconded by Council Member Hart and
unanimously carried to approve the 1998-1999 State Community Development block
grant (State Community Development Block Grant) Program Grantee Performance
Report.
3. CONTINUATION OF CONSIDERATION OF RED SIGNAL CAMERA
ENFORCEMENT PROGRAM AND AGREEMENT WITH TRAFFIC SAFETY
SYSTEMS 600.30
Prooasal:
Consideration of the installation of red signal cameras at six major intersections in the
City as a means to help reduce red signal violations and related accidents.
Applicant:
City of San Juan Capistrano
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Written Communications:
(1) Report dated September 21, 1999, from the Engineering and Building Director,
advising that in the 5'/z years from January 1994 through June 1999, there had
been 118 accidents at signalized intersections in the City directly attributed to
red light violations. The Report advised that installation would be performed by
SENSYS Traffic, who would derive income from the collected citations. There
would be no up -front installation costs to the City. The Report described the
proposed system and provided a cost analysis.
(2) Memorandum dated September 21, 1999, from the Engineering and Building
Director, forwarding a revised agreement to reflect that Traffic Safety Systems,
Inc., would be the company responsible for installation, operation and
maintenance of the proposed cameras.
The Engineering and Building Director made an oral presentation, noting that the
following intersections were being considered for the red signal camera installation: Del
Obispo at Ortega Highway; Del Obispo and Camino Capistrano; Ortega Highway at
Rancho Viejo Road; Stonehill at Camino Capistrano; Camino Capistrano at San Juan
Creek Road; and, Del Obispo at Camino del Avion. He noted that 10 cities in California
were equipped with this system and had experienced reductions in accidents due to red
light violations. The system required no up -front costs; the vendor derived a fee from
each paid citation; the system used a microwave technology so there would be no loops
in the street; because the system was microwave -based, it would have the ability to
change the signals to all red and hold cross traffic until all violators had cleared the
intersection. He noted that this feature was not presently available but was expected
to be available after the first of the year. The Agreement provided for the vendor to
receive $59 per paid citation; it required that the intersections be videoed first and a
determination of viability for use to be made prior to installation of the cameras; the
Agreement could be +-rminated without cause with 90 days notice. It was anticipated
that the system would be self-supporting, given the annual revenue from the six
intersections versus the expenses. Mr. Huber advised that expenses included two full-
time officers to monitor the system, payment to the vendor, and one-time equipment
costs. Staff did not recommend hiring the additional Sheriff staff support at this time,
since it would take time to place the system into operation. A recommendation could
be made at mid -year based on experience.
Council Questions:
In response to Mayor Greiner, Mr. Huber advised that there was a possibility that some
of the intersection directions may not have enough violations to warrant the expense of
the camera; that determination would be made following videoing of the intersection.
In response to Council Member Jones, Sean Gunderson, representing Traffic Safety
Systems, advised that the feature which would change all lights to red until the violator
had cleared the intersection should be available in January or February. In response
to Council Member Swerdlin, Mr. Huber advised that Caltrans had been agreeable to
considering the installation at Rancho Viejo Road and Ortega Highway if the City
applied for a permit.
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Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing
and the following person responded:
(1) Lon Uso, 31302 Via Las Palmas, questioned whether the City had initiated this
project or whether vendors and presented it; questioned whether it was being
considered for safety reasons and whether there were better ways of increasing
intersection safety; and, felt it was going too far and was unnecessary.
There being no further response, the Hearing was declared closed with the right to re-
open at any time.
Council Comments:
Mayor Greiner indicated that the project was being considered for safety concerns,
which was of primary importance. He advised that the cameras could be tried and then
the project terminated if the City wished. Council Member Jones noted that staff had
been given direction to pursue this issue; however, he could not support it unless it
contained the safety mechanism that would hold all lights on red until a violator cleared
the intersection. Council Member Swerdlin stated his desire to keep government small
and non-invasive and felt this project could not be justified and would not be effective.
Council Member Hart indicated he was not opposed to the concept, he was concerned
that the City was moving too quickly; that there should be some kind of a track record
to review prior to the City initiating the program; and, that he was concerned with how
the courts would handle citations issued by this program. In response to Council
Member Campbell, Lt. Stahr stated that the cameras would be helpful, since his officers
could only spend 10-15 hours a week enforcing red light intersections. He felt it would
be warranted on a trial basis because it could save lives and would free up officers to
respond to other concerns; however, it may need further Council Member Campbell
indicated her desire for more concise information regarding exactly what the program
would entail; and, expressed concern with taking two officers off the streets. Council
Member Jones expressed the opinion that the delay mechanism should be part of the
program before the City goes forward with this program. Mayor Greiner felt the red-light
cameras would not be an intrusion on privacy because they would only be activated
after the law was violated. He emphasized that the system was designed to be self
supporting, so if additional officers were required they would be paid for out of the ticket
revenue; officers on patrol would not be displaced. Since this was a no -risk operation
he would prefer to move forward, noting that the agreement could be terminated with
90 days notice. He emphasized that the City would implement the program for public
safety concerns and recommended that if there were revenues generated over and
above program costs, they be funneled into other public safety program such as officer
on campus programs or similar public safety/educational programs.
Council Member Hart asked the City Attorney whether the courts had legal issues with
this type of project. Mr. Shaw indicated that the North County Municipal Court judges
had some technical concerns. He stated Garden Grove would start their project on a
6 -month trial basis to evaluate the issues, so a record would be developed. Council
Member Jones noted additional liability concerns that should be explored prior to
implementing the program. Council Member Hart requested that the City Attorney
provide a record from Garden Grove within the next four weeks.
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Continuation of Consideration:
It was moved by Council Member Campbell, seconded by Council Member Jones that
the Hearing be continued to the meeting of October 19, 1999 to address concems. The
motion carried by the following vote:
AYES: Council Members Jones, Hart and Campbell
NOES: Council Member Swerdlin and Mayor Greiner
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:20 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and reconvened at 9:21 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ADOPTION OF RESOLUTION AMENDING THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN AND APPROVAL OF
(EXECUTIVES) L700.20
Written Communications:
Report dated September 21, 1999, from the City Manager, forwarding a resolution to
institute new salary provisions for the Executive Employees for Fiscal Year 1999-2000.
The Report advised that the salary increase was consistent with that granted to the
Management and Classified employees.
The City Manager made an oral presentation. Council Member Swerdlin stated that he
would not support this item because the current CPI was 1.7%, and noted that his action
was consistent with his past voting record for Classified and Management Employee
Memoranda of Understanding.
Approval of Amendments to Classification and Com ensation Plan:
It was moved by Council Member Campbell, seconded by Council Member Hart that the
following Resolution be adopted:
RESOLUTION N0.99-9-21-2 AMENDING RESOLUTION NO. 94-12-6-
5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN - FISCAL YEAR 1999-2000 EXECUTIVE EMPLOYEES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-
5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN (FISCAL YEAR 1999-2000 EXECUTIVE EMPLOYEES)
The motion carried by the following vote:
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AYES: Council Members Jones, Hart, Campbell, and Mayor Greiner
NOES: Council Member Swerdlin
/,1 4:4 41 t moi;
The City Attorney was requested to review the possible gift of public funds relating to
allowing four hours per month time off for community service.
CITY ATTORNEY
APPROVAL OF WAIVER OF BONDING REQUIREMENTS - BOYS & GIRLS
CLUB LEASE AGREEMENT (CONTINUED FROM SEPTEMBER 7. 1999)
(600.20)
Written Communications:
(1) Report dated September 7, 1999, and resubmitted September 21, 1999, from
the City Attorney.
(2) Memorandum dated September 21, 1999, from Ken Friess, Friess Company
Builders, Inc., to the City Attorney, forwarding copies of the latest reconciled
reports for the Boys and Girls Club Development Campaign Fund bank accounts
and a copy of the project budget.
The City Attorney made an oral presentation, advising that the Agreement provided for
bonding of the contractor. The Club had requested this requirement be altered due to
circumstances relating to bond premiums, etc. He advised that the City would be
favorable to the request with the inclusion of a number of proposed constraints,
including controls on the actual expenditures relating to the loan, and given the level of
cash the Club has on hand for the project.
Public Input:
(1) Ken Friess, 31506 Paseo Christina, representing the Boys and Girls Club, spoke
in support of the recommendation, noting that the Club would consider additional
conditions if the City desired. Their concern was that the cost of the bond would
require additional fund-raising; they felt there were sufficient controls in place to
assure all bills were paid and all releases were accomplished. He commented
on the finances for the project and advised that the CIUb had sufficient funds to
build the project.
Council Comments:
Council Member Jones expressed concerns regarding the requested waiver and
suggested that the City be a co-signer on disbursement checks for the project to allow
for City oversight. He further suggested that there be no pre -payments for any
contractors. Mr. Friess agreed with the suggestions. The City Manager explained that
there was no mechanism to guarantee the City's agreement and felt that Council
Member Jones' suggestions would place the City in a stronger position to assure the
outcome would be positive.
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_
Approval of Bonding _Waiver:
It was moved by Council Member Jones, seconded by Council Member Hart and
unanimously carried to waive the provisions under Section 8 of the Lease Agreement
requiring bonding of the Club's contractor, with the stipulation and the City be a co-
signer on project vouchers and that there be no pre -payments to contractors unless
absolutely necessary. The letter agreement dated August 17, 1999, from the City
Attorney to the Boys and Girls Club of Capistrano Valley, waiving the Bonding
Requirements, was ratified.
PLANNING DIRECTOR
DENIAL OF APPEAL OF ENVIRONMENTAL ADMINISTRATOR'S DECISION
TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL
USE PERMIT 99-1, ST MARGARET'S ATHLETIC FIELD LIGHTING (460.70)
Proposal:
Consideration of an appeal of the Environmental Administrator's July 27,1999, decision
to issue a Mitigated Negative Declaration for Conditional Use Permit 99-1, an
application to install athletic field lighting on an existing 3.07 -acre parcel located at the
northeast corner of Calle Arroyo and Rancho Viejo Road. The property is designated
5.0 Public and Institutional on the General Plan Map. The property is zoned Planned
Community, which establishes educational uses as principal permitted uses.
Appellants:
(1) Dave and Andriette Culbertson, 27351 Ortega Highway, San Juan Capistrano
(2) Harry and Jean Weinroth, 31406 Windsong, San Juan Capistrano
(3) Tom and Nina Ostensen, 31851 Via Puntero, San Juan Capistrano
Project Representatives.:
St. Margaret's of Scotland Episcopal School, c/o Dick Mortimer, Business Manager,
31641 La Novia, San Juan Capistrano
Written Communications:
Report dated September 21, 1999, from the Principal Planner, describing the project
and addressing the concerns listed in the appeal, received August 16, 1999, and
forwarded in the Report.
The Planning Director advised that he had not participated in this project due to a
conflict of interest. Exhibits were on display and Bill Ramsey, Principal Planner, made
an oral presentation. He advised that there would be no decision tonight regarding the
Conditional Use Permit for lighting; the Conditional Use Permit would be considered by
the Planning Commission in the future. He advised that the application involved a
modification to a mitigation measure established last year when the school secured
approval of planning applications for the athletic field. He addressed points in the
appeal, including the assertions that the City had erred in issuing the Mitigated Negative
Deciaration because the project required preparation of an Environmental Impact
Report; and, that the school had "piece-mealed" the project and the light, glare, parking
and traffic impacts would be so significant and adverse as to require preparation of an
Environmental Impact Report. He advised that the school had gone through a series
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of land acquisitions over the past 8 years; staff felt that the acquisition of sites to add
accessory facilities that were supportive of the principal private school did not constitute
"piece-mealing." He noted that the appeal also cited the proposed tennis courts at La
Novia and San Juan Creek Road and advised that the tennis court project represented
implementation of an element of the City's Open Space Master Plan rather than an
additional project being processed by St. Margaret's. The tennis courts represented a
public-private partnership opportunity for bringing park facilities on-line sooner. He
discussed the adverse effects; noting that staff had analyzed the project in accordance
with CEQA regulations. Staff felt that the recommended mitigation measures would be
adequate to reduce the impacts of the project. Staff had reviewed the frequency of use
of the field, particularly in terms of lighting impacts, and had recommended mitigation
measures limiting use and lighting of the field. He stated that the traffic and parking
concerns cited in the appeal had been addressed by the Planning Commission during
consideration of the athletic field application submitted last fall.
Public Input:
(1) Andriette Culbertson, 27351 Ortega Highway, requested that her letter of appeal
be entered into the record. Ms. Culbertson stated that she had worked with Staff
and St. Margaret's regarding lighting standards and the height of the standards
had been reduced. She indicated that while the eucalyptus trees would shield
the horizontal light spill, there was nothing in the Negative Declaration to require
the school to Keep the trees; and, there was still concern regarding the loom of
the lights. Ms. Culbertson discussed St. Margaret's growth over the past years
and indicated that she had been advised during consideration of the original
application for the athletic field that lights would not be included and the public
address system use had a number of restrictions. She expressed concern that
St. Margaret's was growing at an intensity that might be inappropriate for a City
that had denied lighting of the driving range on San Juan Creels Road. She felt
mitigation should be placed on who lnrill use the field and how often; and, stated
that lighting should be prohibited on the central field at the school. She further
suggested that it might be appropriate to review St Margaret's master plan in a
study session format to determine an acceptable intensity level for St.
Margaret's. She stated that the lights, loudspeaker noise and the operation of
the campus should be properly set in the context of the Ortega valley.
(2) Harry Weinroth, 31406 Windsong Drive, stated that he was in favor of the school
and the sports fields but had reservations about evening functions. He indicated
he had been told during consideration of the original athletic field application,
that there would be no lighting or public address system for the field. He
expressed concerns that the notice for the current application did not inform the
public of the public address system. He stated concerns concerned about the
mitigation measures that had been placed; stating they were too loose. He felt
there was too much evenings use and there was no restriction that the field
would be used only by the school. He felt there should be a reassessment of the
application and how the facility would be used. He emphasized that the
Mitigated Negative Declaration had not adequately covered the situation and not
enough information had been provided. He felt it might be time for the City to —
review the specific plan for the entire area prior to approval of these applications.
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(3) Mark Campaigne, 28526 Paseo Diana, headmaster at St. Margaret's, indicated
that 46 of the 61 events were practices that should not go beyond 8:00 p.m.
There would be no public address system use during practices. He further
indicated that the only use of the public address system would be to announce
games and no music would be played. He advised that because the school
considered itself an integral part of the community, outside groups were allowed
to use their facilities; i.e., National Junior Basketball, AYSO, City basketball
teams, Capistrano Valley Christian School, and local organizations such as
Homeowner Associations. He stated they would like to continue to offer their
facilities to outside groups. He presented information to the Council regarding
the vertical light loom; the horizontal light spill, the acoustical evaluation, letters
of support from the Ortega Business Center and Brighton Gardens, an aerial
photo, and a picture of the school's sports park. He discussed the presented
information and asked for Council's support in denying the appeal.
RECESS AND RECONVENE
Council recessed at 10:10 p.m. and reconvened at 10:17 p.m.
(4) Julio Gighan, lighting engineer for the project, stated his understanding that the
historic administrative construction of CEQA in the City had used Mitigated
Negative Declarations rather than Environmental Impact Reports for lighting
projects. He discussed the lighting information presented to Council, stating
there was a very small dome of light that would be created; the perimeter area
at the 100 -foot mark indicated the lighting level at 1 foot-candle. He advised
they could not provide any further detail because the light cutoff was so severe
with the new light fixtures that the light beyond the 100 -foot mark evaporated.
He further indicated there was a very tight pattern of lighting on the field, which
could not be fit any closer without doing away with lighting for the athletes.
(5) Art Birtcher, 32327 Del Obispo, advised that he was a 40 -year City resident and
expressed appreciation for the type of community San Juan Capistrano had
become. He thanked the Council for what the City had done for the youth and
schools in this City. Mr. Birtcher urged the Council to support St. Margaret's,
stating St. Margaret's was a good addition to the community and was growing
because they met a need in the community.
(6) Pauline Leonard, 27589 Brookside Lane, stated that she had lived next to the St.
Margaret's site since it was an orange grove. Ms. Leonard stated that the growth
had impacted the neighborhood, citing parking problems during special events.
Ms. Leonard asked that the City Council consider that the ball field was adjacent
to senior living communities, which could be negatively affected. Ms. Leonard
stated that parking and traffic issues needed to be reviewed carefully and she
was opposed to the lights until these issues were mitigated.
(7) Roy Stevens, 27401 Ortega Highway, stated that he was a neighbor to the
school and felt that the school was very good for the community. Mr. Stevens
stated that schools need athletic fields and students need places to play. He
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stated he was not in favor of scrutinizing the lighting to the point it might be
injurious to the school. He urged the Council to vote in favor of St. Margaret's.
(8) Linda Hall, 27565 Brookside Lane, stated that what was on paper and the reality
of the daily situation were very different. She cited impacts on the SunHollow
neighborhood relating to parking, traffic, noise associated with functions at St.
Margaret's, and the noise of cars and teenage behavior. She felt the school
should be more considerate, especially with regard to traffic and parking. Ms.
Hall stated that with the athletic fields, lighting and public address system, there
would be even more impacts on the neighborhood. She stated that the
residents' concerns should be addressed and urged the Council not to allow
installation of lighting and a public address system.
Mr. Ramsey noted that mitigation measure #6 would be corrected to read "... The
public address system shall not be used for more than 9 games during any calendar
year."
Council Comments:
Council Member Swerdlin stated that the Planning Commission should be aware of the
concerns that had been expressed. He noted his concern regarding the number of
games, the time elements involved, and the use of the public address system. He
indicated he had no real problem with the lights, only the number of times they may be
used. He felt the City could be flexible under the Conditional Use Permit process, and
in order to allow that flexibility, conditions should not be placed in the Negative
Declaration. Council Member Jones stated that he had empathy for the neighbors
because they were also impacted by the noise at Cook Park. He encouraged that this
project be scrutinized and the adjacent neighborhood concerns be kept in mind.
Denial of Appeal:
It was moved by Council Member Campbell, seconded by Council Mer^ber Swerdlin
that the following Resolution be adopted:
RESOLUTION NO. 99-9-21-3, DENYING APPEAL- ST. MARGARET'S
ATHLETIC FIELD LIGHTING (CONDITIONAL USE PERMIT 99-1) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE DECISION OF THE ENVIRONMENTAL
ADMINISTRATOR TO ISSUE A MITIGATED NEGATIVE
DECLARATION FOR CONDITIONAL USE PERMIT 99-1 FOR
ATHLETIC FIELD LIGHTING LOCATED ON AN EXISTING 3.07 ACRE
PARCEL LOCATED AT THE NORTHEAST CORNER OF RANCHO
VIEJO ROAD AND CALLE ARROYO AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBERS 666-251-01,-02,
AND -03 (ST. MARGARET'S ATHLETIC FIELD LIGHTING)
The motion carried by the following vote:
City Council Minutes
-16-
9121199
283
AYES: Council Members Jones, Swerdlin, Hart, Campbell and
Mayor Greiner
NOES: None
ABSENT: None
PUBLIC WORKS DIRECTOR
1. APPROVAL OF PLANS AND SPECIFICATIONS - SLOPE REMEDIATION IN
CITY OPEN SPACE SOUTH OF CERRO REBAL (600.30
Written Communications:
Report dated September 21, 1999, from the Public works Director, advising that land
movement had occurred in the City Open Space area above the Loma Vista subdivision
during the winter of 1997-98 and specifications were now ready for approval for the
repair of the slope failure.
Approval of Plans and Specifications:
It was moved by Council Member Jones, seconded by Council Member Swerdlin and
unanimously carried to approve the Plans and Specifications prepared by P&D
Consultants to mitigate surficial landslide failures in the City Open space above Via
Cerro Rebal and Via Petra; and, to approve an appropriation of $144,400 from the
General fund Reserve to fund this project. Staff was authorized to call for bids.
ORDINANCES - None
COUNCILMANIC ITEMS
APPROVAL OF RECOMMENDATIONS FORM THE CITY COUNCIL
SUBCOMMITTEE ON THE COMMUNITY ORGANIZATION FUNDING
REQUESTS 330.20
Written Communications:
Report dated September 21, 1999, from the City Council Subcommittee, forwarding
recommendations for allocation of the $47,000 in Community Promotion funds identified
in the approved 1999-2000 City budget.
Public Input:
(1) Pauline Leonard, 27589 Brookside Lane, stated that she represented the South
County Community Services Council and requested consideration for an
increase in the stated allocation. Council Member Swerdlin suggested that Ms.
Leonard return with her request at mid -year 2000 for consideration at that time.
Approval of Recommendations:
It was moved by Council Member Jones, seconded by Council
unanimously carried to concur with the allocation strategy
Subcommittee and authorize $44,852 in funding assistance
organizations:
Member hart and
proposed by the
to the following
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284
Organization Recommended Funding
Camino Health Center
$12,000
Capistrano Indian Council
$1,500
Community Counseling Center
$3,000
CSP Youth Shelter
$1,000
Fran Joswick Therapeutic Riding Center
$1,400
Once Upon A Story
$3,352
OC Council on Aging
$1,500
San Juan Task Force
$6,000
South County Senior Services (Meals)
$10,000
South County Senior Services (Shared Housing) $5,000
South County Community Services Council $500
The remaining funds in the amount of $2,148 will remain in the Community Promotions
Budget for consideration of any future funding requests this fiscal year.
2. APPROVAL OF CITY CONTRIBUTION TO EL TORO REUSE PLANNING
AUTHORITY (940.30)
Written Communications:
Report dated September 21, 1999, from the City Manager, describing how
governmental entities may participate in the El Toro Reuse Planning Authority and
recommending that the City become an Associate Member.
Approval of Contribution:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell
and unanimously carried to allocate $500 for an Associate Membership in the EI Toro
Reuse Planning Authority.
3.. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority SERRA) (1040.60)
Council Member Jones advised that the Finance Committee had met and he
would provide information to the Council slots.
b. San Juan Basin Authority 1050.60
Council Member Jones advised that the permit review was upcoming.
C. Orange County Waste Management Commission_ (810.10)
Mayor Greiner advised that discussion had occurred at the last meeting
regarding the Regional Landfill Options for the County, and included a review 40
years into the future. It had been suggested that the County should be looking
further ahead.
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d. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that the vector of the month was the mosquito.
COUNCIL COMMENTS
1. Staff Commendation
Council Member Campbell commended staff for their professionalism during the
Council meeting.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:52 p.m.
to the next regular meeting date of Tuesday, October 5, 1999, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
CHERYL JOHN O CITY CLERK
ATTEST:
JOHN/0REINER, MAYOR
City Council Minutes -19- 9121199