Loading...
99-1116_CC_Minutes_Regular Meeting323 NOVEMBER 16, 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 BIA, et al. v. City of San Juan Capistrano. 2. Pursuant to Government Code Section 54956.9(c), the City Council will confer with its Legal Counsel regarding one matter. 3. Pursuant to Government Code Section 54956.9(c), the City Council will confer with its Legal Counsel regarding one matter. 4. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of Hale, et al. 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 Monsignor Martin. ROLL CALL: PRESENT: John Greiner, Mayor Collene Campbell, Mayor pro tem Gil Jones, Council Member David M. Swerdlin, Council Member ABSENT: Wyatt Hart, Council Member 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; Al King, Community Services Director; Amy Amirani, Public Works Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL Mayor Greiner announced there was no action to report from the Closed Session. City Council Minutes -1- 11/16/99 324 INTRODUCTION, PRESENTATIONS AND DONATIONS ADOPTION OF RESOLUTION ESTABLISHING A SISTER CITY RELATIONSHIP WITH CAPESTR_ ANO ITALY (140.50_) Written Communications: Report dated November 16, 1999, from the Mayor, forwarding the Resolution. Mayor Greiner described his meeting with members of Club Abruzzesi & Molisani of California. He noted the historical importance of Capestrano, Italy to San Juan Capistrano and his desire for a Sister City relationship. Adoption of Resolution: It was moved by Council Member Swerdlin and seconded by Council Member Campbell that the following Resolution extending an offer to establish a Sister City affiliation be adopted: RESOLUTION NO. 99-11-16-1, SISTER CITY AFFILIATION - CAPESTRANO, ITALY - A^RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING AN INVITATION TO THE CITY OF CAPESTRANO, ITALY, FOR A SISTER CITY AFFILIATION The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Hart Representatives of Club Abruzzesi & Molisani of California were present to accept the Resolution of the City of San Juan Capistrano from Mayor Greiner. 2. PRESENTATION - BARWICK AUTOMOTIVE GROUP - PLAQUE OF APPRECIATION (610.40 Written Communications: Report dated November 16, 1999, from the Community Liaison, advising that Barwick Automotive Group had donated a 1999 bodge Grand Caravan SE to the Associated Senior Action Program for use in their patrols. Al Parajeckas was present to accept a plaque of appreciation from Mayor Greiner. 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 de Guevara and Marie Buckner, Housing Advisory Committee; Don Tryon, Jan Siegel and Bill Hardy, Cultural Heritage City Council Minutes -2- 11/16/99 325 Commission; John Chestek, Water Advisory Commission; former Mayor Philip Schwartze; Millie Jones; and, Al and June Simmons. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY] None CONSENT CALENDAR It was moved by Council Member Campbell, 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, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Hart MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of October 19, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF OCTOBER 21, 1999 (300.30) The List of Demands dated October 21, 1999, in the total amount of $1,089,201.35, was ordered received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MONTH ENDING SEPTEMBER 30, 1999 (330.50) The City Treasurer's Report of Cash Balances by Fund for the month ending September 30, 1999, was ordered received and filed. 5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated November 16, 1999, from the Planning Director advising that five new applications had been received since the last Report on October 19, 1999, was ordered received and filed. City Council Minutes -3- 11/16/99 326 6. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 13823 (STONEFIELD SAN JUAN LLC) (600.30) As set forth in the Report dated November 16, 1999, from the Engineering and Building Director, the Final Tract Map for Tract No. 13823 was approved, based on its conformance to the requirements set forth in the Subdivision Map Act and the previously approved Vesting Tentative Tract Map conditions. The corresponding securities were accepted. The City Engineer and City Clerk were authorized to execute the Final Map. The Mayor and City Clerk were authorized to execute the Subdivision Improvement Agreement. The City Clerk was directed to forward the Map and Subdivision Agreement to the County Recorder for recordation. 7. AWARD OF CONSTRUCTION CONTRACT - SAN JUAN CREEK HABITAT MITIGATION PROJECT (CIP NO. 729) (REYCO EROSION CONTROL) 60( 0.30) As set forth in the Report dated November 16, 1999, from the Engineering and Building Director, the construction contract for the San Juan Creek Habitat Mitigation Project was awarded to the low responsible bidder, Reyco Erosion Control, in the amount of $190,418. All other bids were rejected. PUBLIC HEARINGS APPROVAL OF VESTING TENTATIVE TRACT MAP 15858 AND REZONE 99-3 FOR PROPERTY LOCATED AT 32532 ALIPAZSTREET (VILLAGE ALIPAZ LLC) (420.401460.20 Proposal: Consideration of Vesting Tentative Tract Map 15858 for 50 residential lots on approximately 9 acres of the 22 -acre project site located at 32532 Alipaz Street; and, Rezone 99-03 for the entire 22 -acre site to change the zoning from General Agriculture to Planned Development. The rezone would adopt Specific Development Plan 99-1 to establish development guidelines and the precise regulation of land uses. Surrounding uses include a mobilehome park to the south, condominium housing to the north, the confluence of the San Juan and Trabuco Creeks to the east, and Kinoshita Farms and the Sports Park to the west. - Applicant: Village Alipaz LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612 Written Communications: 1. Report dated November 16, 1999, from the Planning Director, describing the proposed project. The Report advised that future phases would subdivide the remaining portions of the project site into a possible additional 103 single family residential lots. 2. Draft Specific Development Plan for Village Alipaz and One Adjoining Parcel. City Council Minutes -4- 11/16/99 327 3. Letter dated November 15, 1999, from R.S. Bavan, Chief, Flood Control Program, County of Orange, Public Facilities & Resources Department, submitting comments for consideration regarding the request to subdivide and rezone the property and process an architectural control application. The conceptual grading plan, site plan and architectural renderings were on display. C.J. Amstrup, Senior Planner, described the proposed project and reviewed the revised Specific Development Plan. Mr. Amstrup noted that the applicant proposed development of four different plans, consisting of one- and two-story homes; at build -out the overall project would contain approximately seven units per acre. He advised that all required findings for approval of the rezone and tentative map could be made. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing and the following person responded: (1) Philip Schwartze, 31682 El Camino Real, representing Saddleback Valley Christian School, the owner of the property, advised that the total project site included areas owned by the Water District, the City and the School. He discussed the history of the project application, noting that there had been opposition to the prior proposal to establish a school on the site. Subsequently, relocation of the school to the Oso Ranch property had been approved. Upon entitlement on this property there would be a land trade between the School and the owners of the Oso Ranch. He advised that single -story homes had been placed at key intersections and corners to accentuate the architecture and the horizontal and vertical variation. He presented aerial photos of the site. There being no further response, Mayor Greiner closed the hearing with the right to re- open at any time. 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 and seconded by Council Member Campbell that the following Ordinance be introduced approving a rezone from General Agriculture to Planned Development: APPROVING REZONE 99-03 (VILLAGE ALIPAZ LLC) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 99-3, ADOPTING SPECIFIC DEVELOPMENT PLAN 99-1 FOR A 153 -UNIT RESIDENTIAL DEVELOPMENT TO BE LOCATED ON ALIPAZ STREET The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Hart City Council Minutes -5- 11/16/99 328 Adoption of Resolution: It was moved by Council Member Jones and seconded by Council Member Campbell that the following Resolution be adopted approving Vesting Tentative Tract Map 15858: RESOLUTION NO. 99-11-16-2, CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858 VILLAGE ALIPAZ -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858 FOR A 22 -ACRE PARCEL LOCATED AT 32532 ALIPAZ STREET (VILLAGE ALIPAZ, LLC) The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Hart 2. FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 99-01 EL CAMINO REAL NORTH AND SOUTH) (345.50) Proposal: Hearing held to consider undergrounding of overhead facilities located on EI Camino Real, Spring Street, Yorba Street and Forster Street. Written Communications: Report dated November 16, 1999, from the Engineering and Building Director, describing the proposal to underground overhead facilities located on El Camino Real, Spring Street, Yorba Street and Forster Street. Estimated district design and main line construction costs of $500,000 will be paid from Rule 20-A funds set aside by SDG&E. City costs to replace SDG&E -owned poles and lights will be considered in the 2000-01 Capital Improvement Program. Individual connections from the main line to individual properties, estimated at $2,000 to $5,000, will be paid by the respective property owners. - William Huber, Engineering and Building Director, made an oral presentation, advising that it was anticipated that construction would begin in October, 2000. 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 and seconded by Council Member Jones that the following Resolution approving formation of Underground Utility District 99-01 be adopted: City Council Minutes -6- 11/16/99 329 - RESOLUTION NO. 99-11-16-3, UNDERGROUND UTILITY DISTRICT 99-1 - A RESOLUTION OF THE CITY OF SAN JUAN , CAPISTRA NOO, CALIFORNIA, APPROVING ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 99-01 (EL CAMINO REAL NORTH AND SOUTH) The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES. None ABSENT: Council Member Hart 3. APPROVAL OF THE DRAFT AMENDMENTS TO THE LOS RIOS SPECIFIC PLAN (OCTOBER 19, 1999 DRAFT LOS RIOS SPECIFIC PLAN SPECIFIC PLAN 78-1) (400.40) (CONTINUED FROM OCTOBER 19, 1999) Stating a conflict of interest due to the possible financial impacts of this item to his business/residence, Council Member Jones left the dais. Proposal: Hearing continued from October 19, 1999. to allow time for the City Council ad hoc committee to further evaluate the draft circulation and land use policies and plans and the public comments received on the draft Plan. Written Communications: Report dated November 16, 1999, from the Planning Director, advising that the draft Plan presented on October 19, 1999, differed from the August 4, 1998 draft Plan by eliminating the land use concept of the "mixed use area," deleting the proposed Street "B" connector, and deleting the proposed regulations for an "AR" (Artisan Residential) District. The Report forwarded the Committee's recommended revised goals. William Ramsey, Senior Planner, made an oral presentation, addressing the four issues the Ad Hoc Committee had focused on since October 19; i.e., land use, parking, circulation and housing. The Committee endorsed a community passive park on the existing Jiminez property on Ramos Street; and, recommended a Special Study designation for the remaining properties, consisting of the Trulis, Cappello, and RV storage lot, which would allow future analysis and determination on the ultimate use of those properties. He discussed the parking issues and advised that in order to protect the National Register District, the Committee recommended emphasizing buffering and landscaping of parking from the District and had further recommended an option for relocating a portion of the RV lot onto the Cappello property. In terms of circulation, the Committee focused on alternatives A-1 and C-1. He described the alternatives, noting that the Committee had recommended a revised circulation phasing in which final selection of the circulation plan had been scheduled as Phase 4; further, the Committee had felt that the initial circulation improvements to the District might satisfactorily address traffic issues, thereby eliminating the need for the final phase. He distributed photographs taken by Tony Alarcon showing pedestrians gathering in Los Rios Street. City Council Minutes -7- 11/16/99 330 He noted that the October 19th draft Plan had included specific time limits for acquisition of suitable alternative affordable housing sites and construction of new affordable units. Upon further evaluation, it had been determined that establishment of time limits was not appropriate for a land use policy document and the Committee had subsequently recommended revisions to the Housing goals. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing, and the following persons responded: (1) Jessica Dean, 27032-C Paseo Burladero, representing the Mary Erickson Community Housing, and League of Womer. Voters, expressed concern that the Housing Advisory Committee had specified a year for the City to find alternative sites outside of the Little Hollywood area and it appeared that the time limit was being erased from Pian. She noted that this had been a promised source of affordable housing for many years. (2) . Ethel Tregarthen, 27625 Summerfield, stated that the property had been purchased with housing grant money specifically for affordable housing. Ms. Tregarthen felt that the proposed revision to the housing goals should be considered carefully due to its impact on people who were in need of housing. (3) Francie Kennedy, 26632 Ramos Street, read a sentence from the revised preservation objective and stated that there was a distinct shift of philosophy from people to things, noting that Los Rios was a living residential district. She presented a copy of the revised Page 4 of the Plan regarding Specific Plan Elements with her suggested revisions relating to protecting the residential character of the District. She expressed appreciation for the new requirement for further review of anything past Phase 3 of the Circulation phasing, and development or change in use of the Trulis, Cappello and RV parcels. Ms. Kennedy questioned the "special study area" designation for the park and addressed the revised land use goal relating to public parking. Ms. Kennedy felt that language in Phase 4 of the circulation phasing plan could be broadened to allow for the possibility of a better solution. She advised the City Council of a newly forming Los Rios Residents Association, Ms. Kennedy expressed the concern that there should be a more detailed review process set forth in the document. (4) Sheree Ito, 31825 Los Rios Street, stated that the first phase should include construction of a parking lot. She indicated that draft Circulation Goal #5 did not realize or consider the impact on River Street and her family, and further advised that designating Paseo Adelanto as the primary access would generate serious problems. Ms. Ito felt that the Jones Mini Farm should situate their parking completely off-street, or further in from the street, and on -street parking should be eliminated, stating her feeling that the current parking and pedestrian situation was dangerous. She stated that while most of their vendors could access their property from Paseo Adelanto, the Ito business still needed the Los Rios/River Streets access for those delivery trucks that were unable to negotiate the right turn from Paseo Adelanto. Ms. Ito requested written documentation City Council Minutes -8- 11/16/99 331 regarding denying business owners use of the River Street/Los Rios entrance, while still allowing the Historical Society to use that entrance even though the Socieity was not the property owner. The City Manager indicated that the City Attorney could provide an explanation at a future date. Ms. Ito stated that the residents of Los Rios did not want a visitor's plaza and requested elimination of Circulation Alternative C-1. There being no further response, Mayor Greiner closed the hearing with the right to re- open at any time. Council Member Comments: Council Member Swerdlin indicated that review of the Plan had been triggered by development interest in the vacant land in the District and by the Plan's proposed use of the park site. He felt this Council had been very sensitive to the integrity of the Los Rios area. Member Swerdlin requested a report within four to six months regarding safety issues on River Street to include visitors, parking and traffic. In response to Council Member Campbell, Mr. Ramsey addressed several comments that had been made, advising that the proposed changes to the HR District regulations would further the efforts to protect the residential character of the District. He addressed the comment regarding the special study designation for the park area, noting that the current plan envisioned very intensive use of the park, which had been determined to be inappropriate to the District. He indicated that the City would go through a future review process if it was necessary to determine a final circulation alternative. Adoption of Resolution: Itwas moved by Council Member Swerdlin and seconded by Council Member Campbell that the following Resolution be adopted approving amendments to the Los Rios Specific Plan consisting of the October 19, 1999 Draft Specific Plan and the City Council Committee -recommended revisions: RESOLUTION NO. 99-11-16-4, ADOPTING 1998 AMENDMENTS TO THE LOS RIOS SPECIFIC PLAN (SPECIFIC PLAN 78-01) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING AMENDMENTS TO SPECIFIC PLAN (SP) 78-01, LOS RIOS SPECIFIC PLAN (LOS RIOS HISTORIC DISTRICT) The motion carried by the following vote: AYES: Council Members Swerdlin and Campbell and Mayor Greiner NOES: None ABSENT: Council Members Jones and Hart Council Member Jones rejoined the Council on the dais. City Council Minutes -9- 11/16/99 332 RECESS AND RECONVENE Council recessed at 8:34 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:50 p.m. ADMINISTRATIVE ITEMS ENGINEERING AND BUILDING DIRECTOR APPROVAL OF WAIVER OF FEES AND COSTS FOR MESA & LOMA VISTA SLOPE FUND ASSOCIATION, CERRO REBAL LANDSLIDE REPAIR (390.30) Written Communications: Report dated November 16, 1999, from the Engineering and Building Director, advising that the Cerro Rebal Landslide Repair project would stabilize a large active landslide extending above Cerro Rebal and into City open space. The landslide involved Association streets and landscape areas and posed a threat to nearby residences. The Report forwarded a letter from the Mesa & Loma Vista Slope Fund Association requesting that the City Council waive all fees associated with plan checking, issuing permits, and conducting field inspections by City staff, waive the grading bond requirement, and waive all third party geotechnical review and inspection. The letter also requested that the City pay for any repairs needed to Cerro Rebal and provide all water at no cost for the construction of landslide stabilization systems. The projected project cost was $4.5 million. William Huber, Engineering and Building Director, made an oral presentation, reviewing the Association's requests and modifying the staff recommendation to include a waiver of all direct costs for third party geotechnical report review and inspection. Council Comments: Council Member Jones questioned what the ramifications would be if there was no grading bond and there were resultant problems. Mr. Huber advised that the Association had an obligation under the Settlement Agreement to repair the slope and had received funds for that repair. The City Manager advised that, traditionally, grading bonds for repair of landslides had been viewed differently from grading bonds for development, since the intent of grading bonds was to provide the ability to restore an area to its previous condition. Council Member Jones emphasized his concern regarding the waiving the grading bonding requirement. Approval of Waiver of Fees and Costs: It was moved by Council Member Swerdlin, seconded by Council Member Campbell and unanimously carried that the fee waiver for the proposed landslide stabilization be approved for all Staff costs for plan checking/inspection and for all direct costs for third party geotechnical report, review and third party inspection; that the grading bond requirement be waived; and that the Association pay for the repair of Cerro Rebal as needed and for all water used in the construction project. City Council Minutes -10- 11/16/99 333 ORDINANCES Council Member Campbell abstained from this item due to a potential conflict of interest. ADOPTION OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT (NEELY FAMILY TRUST) (600.30) (ADOPTION) Written Communications: Report dated November 16, 1999, from the City Clerk advising that the Ordinance was introduced at the meeting of November 2, 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 Swerdlin and seconded by Council Member Jones that the following Ordinance be adopted: ORDINANCE NO. 842 APPROVING DEVELOPMENT AGREEMENT (NEELY FAMILY TRUST) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH THE NEELY FAMILY TRUST FOR REAL PROPERTY LOCATED ON "MCCRACKEN HILL" AND MORE PARTICULARLY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 675-331-18, -19 AND -20 AND 675-341-6 AND -7 The motion carried by the following vote: AYES: Council Members Jones, Swerdlin and Mayor Greiner NOES: None ABSENT: Council Member Hart ABSTAIN: Council Member Campbell COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern Corridor (800.50) Council Member Campbell advised that she would make available information regarding accusations against the Corridor over environmental issues. Council Member Campbell noted that she would continue working to assure that San Juan Capistrano would not be impacted by the Corridor ending at Ortega Highway. b. Southeast Regional Reclamation Authority (1040.60) --- Council Member Jones noted that the Finance Committee meeting summary would be available in Council slots. City Council Minutes -11- 11/16/99 334 C. Orange County Vector Control District (560.50) Council Member Swerdlin noted that the Vector of the Month was Deer Mice. COUNCIL COMMENTS None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:02 p.m. to the next regular meeting date of Tuesday, December 7, 1999, at 5:30 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOH , CITY CLERK ATTEST: COJXCLNE, C,"PBELL"'MAYOR City Council Minutes -12- 11/16/99