99-1005_CC_Minutes_Regular Meeting287
OCTOBER 5, 1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (6610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by
statute:
Pursuant to Government Code Section 54956.8, the City Council will meet with its Real
Property Negotiator (City Manager) regarding the potential acquisition of certain
property more particularly described as a parcel outside of the City limits north of Silver
Creek Drive, adjacent to the Stoneridge Development.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION,
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Greiner at 7:02 p.m. in the Community Center, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Reverend Jim Tracy, Gateway Community
Church.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil Jones, Council Member
Wyatt Hart, Council Member
ABSENT: David M. Swerdlin, Council Member
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia 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; and Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
Mayor Greiner announced there was no action to report from the Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
1. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FROM CALIFORNIA
INTEGRATED WASTE MANAGEMENT HONORING CITY'S EFFORTS TO
MEET WASTE DIVERSION GOALS (610.4
Written Communications:
Report dated October 5, 1999, from the
California Integrated Waste Management
Assistant City Manager, advising that the
Board was the State's primary agency for
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The City had received a Certificate of Achievement from the Board
commending local efforts to divert waste.
Douglas Dumhart, Principal Management Analyst, presented the Certificate from the
Board, noting that the City had complied with Assembly Bill 939, the Recycling Law, by
meeting its goal of diverting 25% of its waste stream from the landfill by 1995. He
discussed plans to meet the goal of diverting 50% of the waste stream by 2000 and
noted the importance of purchasing products that use recycled materials.
2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90)
Written Communications:
Report dated October 5, 1999, from the Personnel Manager, advising that John Best,
Construction Inspector, had reached 30 years of service; and David Hubler, Senior
Maintenance Worker, had reached 10 years of service.
Mr. Hubler was present to receive a Certificate commemorating his 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,
Planning Commission; Marie Buckner and Joanne de Guevara, Housing Advisory
Committee; and former Mayor Ken Friess.
Christian Hernandez, Boy Scout Troop 724, was recognized for his attendance as a
requirement for the Citizenship badge.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) - None
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Campbell, 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, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: Council Member Swerdlin
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 September 7, 1999, were approved as
submitted.
3. RECEIVE AND FILE WARRANTS OF SEPTEMBER 9, 1999 (300.30)
The List of Demands dated September 9,1999, in the total amount of $948,774.19, was
ordered received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JUNE AND JULY. 1999
33{ 0.50) _
The City Treasurer's Report of Cash Fund Balances for the months ending June 30,
1999 and July 31, 1999, was ordered received and filed.
5. AWARD OF CONTRACT - VIA CERRO REBAL LANDSLIDE FOR INTERIM
PROTECTION AND DEBRIS _REMOVAL (600.30)
As set forth in the Report dated October 5, 1999, and the Memorandum dated
October 1, 1999, from the Public Works Director, the construction contract to mitigate
surficial landslide failures in the City Open Space above Via Cerro Rebal between Via
Ramona and Via Petra was awarded to Ortiz Construction at $76,767.
6. AWARD OF CONTRACT - PAVEMENT MARKINGS MAINTENANCE,
INSTALL -TION AND REMOVAL (ORANGE COUNTY STRIPING) (600.30)
As set forth in the Report dated October 5, 1999, from the Public Works Director, the
contract for pavement marking, maintenance, and installation and removal, was
awarded to Orange County Striping Services at an estimated annual amount not to
exceed $65,000.
7. APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO.
C-95-989, COMBINED TRANSPORTATION FUNDING_ PROGRAM MASTER
FUNDING AGREEMENT (ORANGE COUNTY TRANSIT AUTHORITY) (600.50)
As set forth in the Report dated October 5, 1999, from the Engineering and Building
Director, Amendment No. 1 to Cooperative Agreement No. C-95-989 Combined
Transportation Funding Program Master Funding Agreement, between the Orange
County Transportation Authority and the City of San Juan Capistrano, was approved in
order to maintain the City's eligibility to receive Measure M funds and bicycle/pedestrian
facilities funds in a timely manner.
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8. ADOPTION OF RESOLUTION ACCEPTING THE STREET IMPROVEMENT
_WORK, AUTHORIZING THE RELEASE OF CORRESPONDING BONDS AND
FILING NOTICE OF COMPLETION, TRACT 14398 (SAN JUAN VILLAS_, L.P.,
KNOWN AS CONCORDE DEVELOPMENT) (600.30
As set forth in the Report dated October 5, 1999, from the Engineering and Building
Director, the following Resolution was adopted accepting street and irrigation
improvements:
RESOLUTION NO. 99-10-5-1. COMPLETION OF PUBLIC AND
PRIVATE IMPROVEMENTS - TRACT 14398, SAN JUAN VILLAS, L.P. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS AND APPURTENANT
WORK WITHIN TRACT 14398, SAN JUAN VILLAS, L.P.
The City Clerk was directed to forward a Notice of Completion to the County Recorder.
Staff was authorized to release the following sureties 35 days after recordation of the
Notice of Completion:
Surety Coverage
Type of Current
Amount to
(American Motorists_ Ins.1
Improvement Amount
be Released
Bond #3SM 885 637 00
Street $150,000
$150,000
Bond #3SM 887 012 00
Irrigation $203,850
$203,850
Bond #3SM 887 013 00
Monumentation $12,000
$12,000
9. APPROVAL OF AMENDMENT TO LICENSE AGREEMENT FOR
CONSTRUCTION OPERATION AND MAINTENANCE OF ROLLER HOCKEY
COURTS AND PROGRAMS
(REVOLUTION ROLLER HOCKEY)
(600,3M
As set forth in the Report dated October 5, 1999, from the Community Services
Director, the Amendment to Section 6 of the License Agreement between the City and
Revolution Roller Hockey, adding a hold harmless provision to insure Revolution Roller
Hockey against liability arising from the Capistrano Unified School District's limited right
to use the roller hockey facility, was approved.
10. WAIVER OF FEES FOR RENTAL OF THE COMMUNITY CENTER (SAN JUAN
COMMUNITY TASK FORCE) (390.30)
As set forth in the Report dated October 5, 1999, from the Community Services
Director, the Community Center rental fees were waived for meetings and public forums
hosted by the San Juan Community Task Force held through June 30, 2000.
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11. ADOPTION OF RESOLUTION PROVIDING FOR THE CITY OF LAGUNA
WOODS' INCLUSION IN THE SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY (600.50)
As set forth in the Report dated October 5, 1999, from the Assistant City Manager, the
following Resolution providing for the City of Laguna Woods' inclusion in the San
Joaquin Hills Transportation Corridor Agency was adopted:
RESOLUTION NO. 99-10-5-2 INCLUSION OF CITY OF LAGUNA
WOODS IN SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE
INCLUSION OF THE CITY OF LAGUNA WOODS IN THE SAN
JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:18 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:20 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF LAND TRANSFER AGREEMENT WITH DMB LADERA AND
RESIDENTS IN THE STONERIDGE DEVELOPMENT TO FACILITATE
LANDSLIDE REPAIR (600.30)
Written Communications:
(1) Report dated October 5, 1999, from the City Manager, advising that a landslide
had occurred on land owned by DMB Ladera, LLC, within the unincorporated
area immediately adjacent to the rear yards of six homes on Silver Creek Drive
in San Juan Capistrano, undermining the rear yards and causing damage to
some accessory structures. The homeowners had formed a small corporation,
S.C. Slide, Inc., to acquire rights to enter the slide property and repair the slide.
The agreement defined the land transfers and slide repairs. It provided that S.C.
Slide, Inc. will hold harmless and indemnify both the City and Ladera, will post
sufficient bonds to insure performance of the repair and will pay all costs
associated with the transaction.
(2) Memorandum dated October 5, 1999, from the City Manager, forwarding the
final draft of the agreement.
George Scarborough, City Manager, made an oral presentation advising that the
agreement created no financial responsibility for the City.
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Approval of Agreement:
It was moved by Council Member Campbell, seconded by Council Member Jones and
unanimously carried that the Land Transfer Agreement with DMB Ladera, LLC,
S.C.Slide, Inc., and the Stoneridge Owners be approved.
PLANNING DIRECTOR
APPROVAL OF REZONE 98-05 AND TENTATIVE TRACT MAP 15771; A
SUBDIVISION LOCATEDATTHE NORTHEAST CORNER OF VILLAGE ROAD
AND RANCHO VIEJO ROAD (OLSON COMPANY) (460.201420.40
(CONTINUED FROM AUGUST 17-1999)
A_cplicant:
The Olson Co., At1n.: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740
Written Communications:
Report dated October 5, 1999 from the Planning Director, reviewing the project's history
since original consideration by the Planning Commission on February 25, 1999, through
the August 17, 1999, City Council meeting. Staff recommended that the City Council
introduce the ordinance approving the amendment to the Specific Development Plan
to allow single-family detached residential use as the principal permitted use, adopt the
resolution approving Tentative Tract Map 15771; and, approve the reimbursement
agreement providing for improvements to Trabuco Creek Road.
Thomas Tomlinson, Planning Director, made an oral presentation addressing the
Cou ncil's concerns regarding the exact height of the wall, and improvements to Trabuco
Creek Road. He advised that the acoustical engineer confirmed that a boundary wall
of 8 feet along Rancho Viejo Road would meet the exterior noise standard of an
average 60 dBA. He further advised that the level of improvements for the realigned
Trabuco Creek Road had been defined and a reimbursement agreement had been
developed; further, the developer had concurred with the reimbursement agreement.
He advised that a request from the Village San Juan Homeowners Association Board
for an extension of the sidewalk along Trabuco Creek Road had not been included as
a condition of approval due to the lack of a nexus.
Council Member Campbell advised that she would be voting in the negative due to her
rezoning concerns, but commended the developer for the improvements made to the
project.
Introduction 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
Jones, seconded by Council Member Hart, that the following Ordinance be introduced:
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REZONE 98-05 (OLSON COMPANY) - AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE
98-05 AND ADOPTING SPECIFIC DEVELOPMENT PLAN 99-01 FOR
THE CONSTRUCTION OF TWENTY-FIVE (25) HOMES TO BE
LOCATEDATTHE NORTHEASTCORNER OF RANCHO VIEJO ROAD
AND VILLAGE ROAD
The motion carried by the following vote:
AYES: Council Members} Jones and Hart and Mayor Greiner
NOES: Council Member Campbell
ABSENT: Council Member Swerdlin
Agproval of Tentative Tract MaI2 15771/Reimbursement Agreement:
It was moved by Council Member Jones and seconded by Council Member Hart that the
Reimbursement Agreement for improvements to Trabuco Creek Road be approved and
the following Resolution approving Tentative Tract Map 15771 be adopted:
RESOLUTION NO, 99-10-5-3, APPROVING TENTATIVE TRACT MAP_
15771 - THE OLSON COMPANY - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 15771, ALLOWING
DEVELOPMENT OF TWENTY-FIVE (25) SINGLE-FAMILY DETACHED
HOMES AND A PRIVATE PARK LOCATED AT THE SOUTHEAST
CORNER OF VILLAGE ROAD AND RANCHO VIEJO ROAD (THE
OLSON COMPANY)
The motion carried by the following vote:
AYES: Council Members Jones and Hart and Mayor Greiner
NOES: Council Member Campbell
ABSENT: Council Member Swerdlin
2. APPOINTMENT OF AD-HOC COMMITTEE TO FORM TREE REMOVAL
POLICY FOR EUCALYPTUS TREES INFECTED WITH REDGUM LERP
PSYLLID (410.90)
Written Communications:
Report dated October 5, 1999, from the Planning Director, advising that the City had
received a number of inquiries and requests for tree removal permits for eucalyptus
trees that had become infected with the Redgum Lerp Psyllid. Since the City required
a permit authorization to remove a tree, and due to the number of possibly infected
trees, it was important to consider a common policy response to address this situation.
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Staff recommended that an Ad -Hoc Committee be appointed to review the situation and
prepare a policy document that would be used by the City's Tree Inspector when
considering tree removal permit applications.
Thomas Tomlinson, Planning Director, made an oral presentation, advising that the
Redgum Lerp Psyllid caused leaf drop; that the leaves had a honeydew substance that
had the potential to cause damage.
Public Comments:
(1) Pamela Spaulding, 31511 Via Estelita, stated that she and her husband owned
the business park next door to City Hall and that approximately 100 of their
eucalyptus trees were infested with the Lerps. Ms. Spaulding advised of
damage to tenants' cars and the parking lot; the cost for daily cleanup; and
noted her concern that her tenants may not renew leases due to this problem.
She requested that this problem be dealt with as quickly as possible.
(2) Craig Rahn, 28525 Paseo Diana, stated that he was a private homeowner and
president of his neighborhood homeowners association. He advised that the
community pool was unusable due to the Lerps and the County had requested
removal of the diseased trees; however, the trees were along a City -maintained
horse trail and their removal had been denied. He requested swift action to
resolve the problem.
Appointment of Ad -Hoc Committee:
With the consensus of Council, Mayor Greiner and Council Member Campbell were
appointed-vto the Ad -Hoc Committee to study and submit a policy statement for
considering Tree Removal Permits for trees that had been infected with the Redgum
Lerp Psyllid.
ORDINANCES - None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern Corridor 800.50
Council Member Campbell noted efforts being expended to complete the
Corridor.
b. League of California Cities (140.2
Mayor Greiner advised that he would be attending the League of California Cities
annual conference with Council. Member Swerdlin October 10 through
October 12, 1999.
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COUNCIL COMMENTS
Council_ Communication (610.25)
Council Member Campbell requested that a note be forwarded to Al Simmons
expressing the Council's hope for improved health and a speedy return to the Council
meetings.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:45 p.m.
to the next regular meeting date of Tuesday, October 19, 1999, at 5:30 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL JO NS N, CITY CLERK
ATTEST:
JO) IN GREINER, MAYOR
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