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1999-0921_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_H2a_Item Minutes AYES: Council Members Jones, Hart, Campbell, and Mayor Greiner NOES: Council Member Swerdlin ABSENT: None 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 —�� 1. APPROVAL OF WAIVER OF BONDING REQUIREMENTS - BOYS & GIRLS CLUB LEASE AGREEMENT (CONTINUED FROM SEPTEMBER 7, 1999) 60j 0.20) 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 Inout: (1) Ken Friess,31506 Paseo Christina, representing the Boys and Girls Club,spoke in supportofthe 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 Club 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. City Council Minutes -12- 9/21/99 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 1. 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 Declaration 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 City Council Minutes -13- 9/21/99