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98-0519_CC_Minutes_Regular Meeting155 MAY 19,1998 ' 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 5:00 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9(c), the City Council conferred with its Legal Counsel regarding two matters. RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 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 Jones at 7:00 p.m. in the City Council Chamber. The Pledge of Allegiance to the Flag was led by Eagle Scout, Eric Busman. Invocation was given by Council Member Collene Campbell. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem ' David M. Swerdlin, Council Member Wyatt Hart, Council Member Collene Campbell, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; Bill Ramsey, Senior Planner; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Gillian E. Rampley, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Jones advised there was no action to report on the Closed Session item. INTRODUCTIONS. PRESENTATIONS AND DONATIONS 1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Al Simmons, Seniors Liaison to the City; Phil Schwartze, former Mayor; Bill Hardy, Cultural Heritage Commission; Robert Cardoza, Parks, Recreation and Equestrian Commission; Ed Johnson, City Council Minutes -1- 5/19/98 156 Planning Commission; Mike Rosenberger, Transportation Commission; and Janice Palermo, Housing Advisory Committee. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS) None CONSENT CALENDAR It was moved by Council Member Campbell, and 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 Greiner, Hart, Swerdlin, Campbell and Mayor Jones NOES: None ABSENT: None 1. MOTION TO READ ORDINANCES BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 21. 1998 The Minutes of the Regular Meeting of April 21, 1998 were approved as submitted.. 3. RECEIVE AND FILE WARRANTS OF MAY 7, 1998 (300.3 0) The List of Demands dated May 7, 1998 in the total amount of $252,454.40 was ordered received and filed. 4. REPORT OF INVESTMENTS - MONTH ENDING APRIL 30. 1998 (350.3 0) The Report of Investments for the Month ending April 30, 1998 from the City Treasurer was ordered received and filed. STATUS REPORT ON NEW DEVELOPMENT (440.10) As set forth in the Report dated May 19, 1998 from the Planning Director, the Status Report of New Development Applications received since the last report submitted to Council on April 21, 1998, was ordered received and filed. City Council Minutes -2- 5/19/98 157 6. APPROVAL OF PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS TO PURCHASE PLAYGROUND EQUIPMENT - DESCANSO VETERANS PARK (CIP NO. 465) (600.30) As set forth in the Report dated May 19, 1998 from the Engineering and Building Director, the plans and specifications for Descanso Veterans Park were approved and staff was authorized to received bids, to exempt the purchase of playground equipment from the formal bid process and authorized to purchase playground equipment for Descanso Veterans Park from Landscape Structures, Inc. in the amount of $46,384.28. 7. APPROVAL OF PLANS SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS - INSTALLATION OF SPEED HUMPS: (1) VIA DE AGUA BETWEEN CALLE DE BONANZA AND CALLE CONEJO AND (2) ALLEY PARALLEL TO CAMINO CAPISTRANO AND AVENIDA LOS AMIGOS BETWEEN AVENIDA GOLONDRiNA AND AVENIDA PADRE (600.30) As set forth in the Report dated May 19, 1998 from the Engineering and Building Director, the plans and specifications to install speed humps at two locations, Via De Agua between Calle De Bonanza and Calle Conejo and in the alley parallel to Camino Capistrano and Avenida Los Amigos between Avenida Golondrina and Avenida Padre, were approved and staff authorized to receive bids. 8. APPROVAL OF RESOLUTION AMENDING THE CITY'S CLASSIFICATION ' AND COMPENSATION PLAN DELETING THE COUNCIL SERVICES POSITION AND CREATING THE POSITION OF COMMUNITY LIAISON (700.20 ) As set forth in the Report dated May 19, 1998 from the City Manager, the following resolution amending the City's Classification and Compensation Plan, deleting the Council Services Administrator position and creating the position of Community Liaison was approved, with projected annual savings of over $8,400: RESOLUTION NO. 98-5-19-1, AMENDING RESOLUTION NO. 94-12-6- 5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - COMMUNITY LIAISON - 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, TO CREATE ANEW POSITION ENTITLED COMMUNITY LIAISON AND ELIMINATE THE POSITION ENTITLED COUNCIL SERVICES ADMINISTRATOR The following item was removed from the Consent Calendar at the request of Mayor Jones. City Council Minutes -3- 5/19/98 158 APPROVAL OF RESOLUTION ACCEPTING ESTABLISHING TIME RESTRICTION FOR PUBLIC PARKING AT 31771 LOS RIOS (570.30) Written Communication: Report dated May 19, 1998 from the Senior Management Analyst II, recommending approval of the resolution establishing a three-hour time restriction and no overnight parking at 31771 Los Rios Street. The resolution will allow enforcement of the time limits to encourage circulation and prevent overnight parking. Establishment of Time Limits: It was moved by Council Member Hart, seconded by Council Member Campbell, that the following resolution establishing a three-hour time restriction and no overnight parking at 31771 Los Rios Street be approved: RESOLUTION NO. 98-5-19-2. ESTABLISHING THREE HOUR TIME LIMITED PARKING AND TOW -AWAY ZONE - PUBLIC PARKING LOT AT 31771 LOS RIOS STREET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING A "THREE HOUR PARKING ONLY, 7:00 A.M. TO 6:00 P.M." AND A "NO PARKING 3:00 A.M. TO 5:00 A.M., TOW -AWAY ZONE" IN THE ENTIRE PUBLIC PARKING LOT AT 31771 LOS RIOS STREET The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart and Campbell NOES: None ABSENT: None ABSTAIN: Mayor Jones Mayor Jones abstained from voting due to a possible conflict relating to the proximity of his residence in the area. PUBLIC HEARINGS APPROVAL OF EXTENSION OF INTERIM URGENCY ORDINANCE ESTABLISHING REGULATIONS RELATED TO OVERALL CAPACITY OF COMMERCIAL STABLES (420.30/930.40) Written Communication: Report dated May 19, 1998 from the Planning Director advising that staff was in the process of scheduling the proposed amendment for review by the Parks, Recreation and Equestrian Commission and with the Planning Commission. The extended time, not to exceed 10 City Council Minutes 4- 5/19/98 159 months and 15 days, or no later than April 6, 1999, would allow for completion of the ' amendment process. Mr. Ramsey, Senior Planner, made an oral presentation. Public Hearin: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, declared the Public Hearing closed with the right to re -open at any time. Adoption of Interim Urgency Ordinance Extension: 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 Hart, seconded by Council Member Greiner, that the following Urgency Ordinance be adopted: ORDINANCE NO. 814. EXTENSION OF INTERIM URGENCY ORDINANCE NO. 811 - AN URGENCY ORDINANCE NO. 811 OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING MINOR EXPANSION OF APPROVED EQUESTRIAN STABLES TO INCREASE THE PERMITTED DENSITY OF HORSES AND ADMINISTRATIVE APPROVAL OF RELATED IMPROVEMENTS IN ORDER TO PROVIDE SHELTER FOR HORSES THAT FACE IMMEDIATE ' RELOCATION DUE TO THE PENDING CLOSURE OF AN EXISTING EQUESTRIAN CENTER BASED UPON THE FINDINGS THAT SUCH INTERIM PROVISIONS ARE NECESSARY TO RESPOND TO AN IMMEDIATE THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None 2. APPLICATION TO ESTABLISH A GATE -GUARDED NEIGHBORHOOD AT THE MALASPINA DEVELOPMENT, TRACT 9184 (820.90) Proposal: Consideration of a request to establish a gate -guarded neighborhood at the Malaspina Development, Tract 9184, and approve, in concept, a gated entry at Malaspina Road. City Council Minutes .5. 5/19/98 160 Applicant: Malaspina Homeowner's Association, c/o John Foresman, 26902 Paseo Cardero, San Juan Capistrano, California 92675 Written Communication: Report dated May 19, 1998 from the Engineering and Building Director advising that the application filed by the Malaspina Homeowner's Association had satisfied the required standards of the City Municipal Code and written consent had been received from all property owners within the tract. Costs of construction of the gate facilities and the on-going maintenance of the gates and related improvements in the public easement will be home by the Homeowner's Association. Mr. Huber made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, declared the Public Hearing closed. Approval of Application to Establish a Gate -Guarded Neighborhood: It was moved by Council Member Campbell, seconded by Council Member Swerdlin and unanimously carried that the application to establish a gate -guarded neighborhood at the Malaspina Development, Tract 9184 be approved and that a gated entry at Malaspina Road be approved in concept. RECESS AND RECONVENE Council recessed at 7:09 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 7:10 p.m. ADMINISTRATIVE ITEMS CITY MANAGER RECONSIDERATION OF RESOLUTION CONFIRMING DENIAL OF REZONE 96-5 FOR PROPERTY LOCATED AT 32731 SAN JUAN CREEK ROAD GENERAL PLAN AMENDMENT 95-3, ARCHITECTURAL CONTROL 96-9 (RESCO/SHURGARD /SCHAUWECKER)(460.20/440.25/410.60) (CONTINUED FROM MEETING OF APRIL 21, 1998) Written Communications: (1) Report dated May 19, 1998 from the City Manager advising that in March 1998, Resco had requested that the City Council reconsider its denial of a self storage facility at 32731 San Juan Creek Road. The request was made in consideration of Resco's offer to assist in replacing the racquet club previously located on that property by providing $100,000 toward a joint public/private tennis facility on City - owned land. The proposal entailed St. Margaret's Episcopal School, with the City Council Minutes -6- 5/19/98 161 financial assistance from Resco, constructing six unlighted tennis courts, parking and landscaping, on City -owned land at the northwesterly corner of La Novia and San Juan Creek Road. St. Margaret's would maintain the courts and have use of the courts during school hours. The courts would be available to the public on summer week nights, weekends and school vacations. (2) Seven Letters in support of approval of the Resco project were received from: Mr. and Mrs. Ed Morgan, 27112-c Calle Caballero; Martha H. Kallenbaugh, 27152-A Calle Caballero; Gordon Strachan, 27031-B Capote de Paseo; Eric K. Davidson, Senior Vice President, ARV Assisted Living, 245 Fischer Avenue, D-1, Costa Mesa, California 92626; Mr. and Mrs. Malcolm H. Garrett, 27111-B Capote de Paseo; Ms. Jackie Tullar, 27052-B Paseo Burladero; and Dorothy Emmons, 27072-A Calle Caballero. Mr. Scarborough, City Manager, made an oral presentation noting that the Resco offer of $100,000 was to offset the loss of private recreational land and that the proposal put forward by St. Margaret's would meet an identified need at a location already identified for a tennis facility. However, he stated that the staff recommendation was that the City Council's decision on the request for reconsideration should be based on the evaluation of issues directly related to the land use of the Schauwecker property and not upon the offer of financial assistance for the construction of a new tennis facility. He further stated that if the City Council should decline to reconsider their decision, staff recommended that the Council direct staff to notify St. Margaret's that the City was interested in pursuing their proposal and would include consideration of possible City funding of the $100,000 in the 1998-99 budget deliberations. The project model and perspectives were on display Public Comments: (1) Tom Merrell, Civic Solutions, 31726 Rancho Viejo Road, Ste 223, consultant to the applicant, requested that the City Council reconsider and reverse their earlier decision to deny the project. He outlined the history of the development of the property and indicated that most of the permitted uses for the location were unacceptable to the City and the nearby residents and many such applications had been denied, resulting in an extremely limited opportunity for economically viable recreational uses. He asked the City Council to reconsider their decision for the following four reasons: (1) Changing the zoning of this parcel would have a slight impact on the total land available within the City for recreational use because the City owns over 1,000 acres of open space or parkland, and zoning in Commercial/Industrial locations allows private recreation. (2) The City's past approach to land use in the area --noting that the site of the Plant Depot was also designated Private Recreational but the uses in the zoning had been changed to allow the nursery. (3) The impact on the neighborhood and the wishes of those residents. He noted that the residential area adjacent to the location overwhelmingly supported Resco's proposal and were very opposed to other uses for the site. (4) The image and architecture of the project, City Council Minutes -7- 5/19/98 162 which he felt was of stellar quality and which had been approved by the Design Review Committee and the Planning Commission. (2) Doug Simpson, Resco, 1400 N. Bristol, Ste 150, Newport Beach noted that the City Council had heard all the ramifications at their earlier sessions and stated that Mr. Merrell had very adequately stressed the reasons for reconsideration. He reminded the City Council that Resco was an affiliate of Shurgard, a nationwide self storage facility owner and operator of more than 300 projects. The company wanted to be a good quality, corporate neighbor in the community. Shurgard prided themselves on the design of their facilities and the professionalism of their facility managers. He stressed that Resco had worked with the neighbors in the area and had made changes to accommodate the wishes of the Design Review Committee and Planning Commission. He felt the Company deserved and had the support of its neighbors. (3) Jim Lee, 27101-B Capote de Paseo, spoke in support of the Resco project and advised that all the residents of his development wanted the facility to be constructed but not all could be present at the meeting. (4) Alexander Nalle, 1926 Heliotrope Drive, Santa Ana, advised that he was a member of the applicant team and had nothing more to add. (5) Jessica Dean, 27032-C Paseo Burladero, spoke in support of the Resco project and noted that more than 160 of 180 residents had signed a petition in support of the facility. She stated that although, normally, she would support recreational land use, the small size of the parcel involved and its location was much better suited to a self storage facility. (6) Ingrid Dumke, 28301 Paseo Establo, spoke against the proposal, noting that proper planning had preserved the small town feeling of San Juan Capistrano. She indicated her concern at having to speak again when the rezone had been denied already. She was a citizen with the preservation of the quality of the City at heart, and felt that recreational areas close by residential areas were good for the City. A self storage facility would be totally out of place with the surrounding ambience. (7) Jack Chretien, 27091-B Calle Caballero, an officer of the San Juan Hills West Homeowners Association, advised that all 183 homeowners had signed a petition in support of the Resco proposal and pointed out that those opposed to the Resco facility were not residents close to the location. He urged the City Council to vote the wishes of the majority. He stated that the area was fenced, seedy, weedy and unsightly at present. (8) Frank M. Rosenberger, 27032-B Paseo Burladero, stated that his residence was located directly across the street from the project and he strongly supported the Resco application. City Council Minutes -8- 5/19/98 163 (9) Tara Pinson, 28232 Paseo Corrales, spoke in opposition to the project and stressed ' she was present as a concerned citizen who thought the proposal had been put to rest after the denial. She expressed further concern regarding the future of the two adjacent parcels now inhabited by the Veterinary Hospital and the nursery should the self -storage be approved. She asked the City Council not to weaken on their earlier decision. (10) Connie Kuhlmann, 27212-B Via Capote, supported the Resco application and noted that her residence was located across the street from the project. She asked the City Council not to ignore the neighbors who would be most affected by the project. She noted that Council Member Campbell had asked the property owner to explore other possibilities for the site and reminded the Council that the Planning Commission had studied this matter and had been unable to come up with any other solutions. (11) Mary Hayes, 27212-A Via Capote also spoke in support of Resco and asked the City Council to approve the application so that the site could be used in a way that would have the least amount of impact on its neighbors. (12) Burt Sims, 32229 Via Barrida, spoke in opposition of the Resco project, noting that the concerns should not be with the storage facility but with what legacy would be left for future generations. He noted that he understood the frustration of the San Juan Hills West residents but worried that if the rezone was granted in this instance, the other parcels in the area would also be rezoned, allowing the potential for ' commercial creep in the area. Council Comments: Council Member Campbell advised that she spoke from the heart on this issue and took her decision very seriously. She felt that she was elected to protect the entire community and noted that she had been the dissenting vote when the Senior complex was built because she felt the project would hurt the recreational land along that area. She went on to say that there were very few parcels that are private acreage that are zoned for recreational use in the City and she would again vote to preserve the recreational zoning. She stated she was committed to protecting open space and recreational land and had consistently voted in that manner. Council Member Hart noted his disagreement with Council Member Campbell and expressed appreciation and respect for all those who had spoken on this matter. He advised that all his colleagues on the Council, both present and past, had done a good job preserving the rural character of the community. He noted that the recreational zoning could permit various kinds of commercial recreational uses, including roller rinks, miniature golf, and go-karts, and, he felt that the people residing close by should have a voice in the decision. He cited the recent decision to approve a self -storage facility on land zoned for private recreation and felt that if the citizens who were most affected wanted a passive use for the site and supported this proposal, then he could support it. Council Member Swerdlin stated that this was a very difficult question, with both sides ' having good points and he had great respect for all views. He noted that there were other City Council Minutes -9- 5/19/98 164 uses that would be allowed other than recreation and he that he would maintain his stand on denying the rezoning. Although the proposed use was passive, he did not consider it a — suitable use for this parcel and could not support Resco's request to reconsider. He also noted that San Juan Creek Road was part of a view corridor and again stated the proposed use was not suitable for that parcel. Council Member Greiner stated that he agreed with the staff recommendation to separate the land use issue from the offer of funds from Resco and would want to see that offer declined. He would like to see the City advise St. Margaret's that it would be interested in pursuing St. Margaret's offer and would include consideration of the $100,000 funding in the 1998-99 budget deliberations. As for the proposal itself, he felt it was a very difficult decision and there was considerable passion on both sides of the issues. He advised that he had voted against the project earlier because of his concern over the loss of recreational use property but, since that vote, he had reviewed past actions of the City Council on this parcel, including prior rezones and he had realized that the irregular shaped parcel under consideration had very limited use. He also noted the support of adjacent residents for the self -storage use and the prospect of building a new tennis center, and was, therefore, prepared to withdraw his denial of the project and support the request for rezone. He went on to say that if the Council declined the Resco offer of $100,000, they would be relieved of their commitment of those funds. However, he strongly suggested that they consider a like donation to a deserving organization within the City, such as the Boys & Girls Club. Mayor Jones said that he had supported the Resco proposal when it first came to the City Council and he had not changed his position. He noted, though, that Council Member Campbell had held her position throughout the years and he had great respect for that. He stated he had been elected to the Council to be a spokesman for the community and, when there was so much support for a project, he would also support it. Proposal to Accent Tennis Court Proposal and Funding - No Second to Motion: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the City Council accept the proposal of the applicant to contribute $100,000 to the St. Margaret's tennis court proposal and to support reconsideration of the self -storage project. Council Member Campbell expressed concern with appearances of the action, noting that this was different from a private developer donating park land. Council Member Swerdlin stated the same concern but wished to make the best of the proposition before Council. Following discussion, Council Member Campbell withdrew her second and the motion died for lack of a second. Approval of Rezone 96-5 for Pronertv Located at 32731 San Juan Creek Road. General Plan Amendment 95-3, Architectural Control 96-9 It was moved by Council Member Hart, seconded by Council Member Greiner, that the self - storage project, consisting of Rezone, General Plan Amendment and Architectural Control be approved. The motion carried by the following vote: City Council Minutes -10- 5/19/98 165 AYES: Council Members Greiner, Hart and Mayor Jones ' NOES: Council Members Swerdlin and Campbell ABSENT: None Discussion ensued regarding acceptance of the $100,000 funding offered by Resco to the City to assist in funding the St. Margaret's tennis court proposal at the northwest corner of La Novia Avenue and San Juan Creek Road. Council Members Swerdlin and Campbell expressed the strong desire to accept the funding, with Council Member Campbell clarifying that although she felt it was morally wrong to accept the funds and deny the self -storage project, she could not in good conscience decline an offer that would benefit recreational lands in the City. Mayor Jones stated that if $100,000 of the City's funds were included in budget discussions, he would want all alternatives would be reviewed. Resco Offer of $100,000 for St Margaret's Tennis Court Proposal Declined: It was moved by Council Member Greiner, seconded by Council Member Hart, that the Resco offer of $100,000 for the St. Margaret's proposal be declined and that City staff be directed to notify St. Margaret's that consideration of the City funding $100,000 will be included in the City's 1998-99 budget deliberations. The motion carried by the following vote: ' AYES: Council Members Greiner, Hart and Mayor Jones NOES: Council Members Swerdlin and Campbell ABSENT: None The City Manager advised that staff will submit the tennis court proposal to the Parks, Recreation and Equestrian Commission for review and recommendation during the 1998-99 budget deliberations. The documents approving the project would be submitted at a future meeting. The applicant, Doug Simpson, expressed his appreciation for the approval by the City Council and advised that the $100,000 had been budgeted as a project cost and was an offer made in good faith to address concern at the loss of recreational facilities. He stated the funding would still be available to the City to use as it felt best and he would work with the staff and Council. RECESS AND RECONVENE Council recessed at 8:21 p.m. and reconvened at 8:30 p.m. City Council Minutes -11- 5/19/98 166 2. STATUS REPORT ON ERRANT GOLF BALL PROBLEM SAN JUAN HILLS GREENS AND MASTER NEIGHBORHOOD (PACIFIC COMMUNITY BUILDERS) (960.50) Written Communication: Report dated May 19, 1998 from the Assistant City Manager and the Director of Community Services advising that a meeting for interested residents had been scheduled for May 11, 1998 and staff would provide an oral report at the May 19, 1998 City Council meeting. Ms. Murray, Assistant City Manager, gave an oral presentation and advised that she and Community Services Director, Al King, had worked with representatives of the golf course, the developer and homeowners. There had been a meeting for interested parties on May 11 to focus on solutions to the problem. The residents were not in favor of netting and would rather have additional landscaping; the owner and developers were in the process of discussing funding. She would advise Council Members of any progress. With the consensus of Council, Mayor Jones ordered the report received and filed. ADMINISTRATIVE SERVICES DIRECTOR ADOPTION OF RESOLUTION APPROVING 1998 TAX ALLOCATION REFUNDING BONDS AND DIRECTING EXECUTION OF INDENTURE OF TRUST AND OFFICIAL STATEMENT (340.40) Written Communication: Report dated May 19, 1998 from the Administrative Services Director advising that in 1986, the Community Redevelopment Agency issued Tax Allocation Notes in the amount of $6,250,000 as its first long-term debt issue for redevelopment purposes. Those five-year notes came due in 1991 and 25 -year Tax Allocation Refunding Bonds were issued to retire those notes. Based on current lower rates in the bond market, the Agency has an opportunity to realize savings by refinancing those 1991 bonds. The savings would reduce the Agency's annual debt service cost by approximately $20,000, or a total of $388,000 over the remaining 18 years of the bond issue. In order to move forward with the issuance, the City Council must approve the issuance of the bonds. Staff therefore recommended that the City Council adopt a resolution approving the issuance of San Juan Capistrano Central Redevelopment Project 1998 Tax Allocation Refunding Bonds and approve, authorize and direct the execution of Indenture of Trust, Official Statement and related documents. Ms. Pendleton, Administrative Services Director, advised that this was a companion item to the one approved by the Agency Board. Motion to Approve 1998 Tax Allocation RefundingBonds: onds: It was moved by Council Member Swerdlin, seconded by Council Member Greiner, that the following resolution approving issuance of San Juan Capistrano Community Redevelopment Agency Central Redevelopment Project 1998 Tax Allocation Refunding Bonds and City Council Minutes -12- 5/19/98 167 approving, authorizing and directing execution of the Indenture of Trust and Official ' Statement, be adopted: RESOLUTION NO. 98-5-19-3. APPROVING 1998 TAX ALLOCATION REFUNDING BONDS AND DIRECTING EXECUTION OF INDENTURE OF TRUST AND OFFICIAL STATEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE ISSUANCE OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT, 1998 TAX ALLOCATION REFUNDING BONDS AND APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST, OFFICIAL STATEMENT AND RELATED DOCUMENTS The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None 2. ADOPTION OF RESOLUTION PROVIDING FOR ISSUANCE OF SERIES A OF ' 1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE PROGRAM) IN THE AMOUNT OF $18,500,000 FOR PARKS, AGRICULTURAL, OPEN SPACE AND RELATED (340.20) Written Communication: Report dated May 19, 1998 from the Administrative Services Director advising that General Obligation Bonds for the preservation of open space were issued in 1990, 1991 and 1992. Based on current lower rates in the bond market, the City had an opportunity to realize savings by refinancing the General Obligation Bonds into one issue. Savings would be $1,061,809.17 over the remaining life of the bonds and would result in an annual reduction of the taxpayer assessment of $1.32 per $100,000 of assessed value or an approximate savings of $3.00 per year to the average homeowner. Ms. Pendleton, Administrative Services Director, advised that the anticipated savings represented a savings of approximately $3.00 per year to each property taxpayer. Motion to Approve Issuance of Series A of 1998 General Obligation Refunding Bonds: It was moved by Council Member Swerdlin, seconded by Council Member Greiner, that the following resolution approving issuance of Series A of 1998 General Obligation Refunding Bonds be adopted: City Council Minutes -13- 5/19/98 tm RESOLUTION NO. 98-5-19-4 ISSUANCE OF SERIES A OF 1998 GENERAL OBLIGATION REFUNDING BONDS - OPEN SPACE PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA PROVIDING FOR THE ISSUANCE OF ITS SERIES A OF 1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE PROGRAM) IN THE AMOUNT OF EIGHTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($18,500,000) FOR PARK, AGRICULTURAL, OPEN SPACE AND RELATED USES The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ADOPTION OF RESOLUTION DECLARING INTENT TO SELL BONDS IN THE AMOUNT OF NOT TO EXCEED $18,500,000, FIXING THE TIME AND PLACE FOR TAKING BIDS. AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS (340.20) Written Communication: Report dated May 19, 1998 from the Administrative Services Director advising that in conjunction with the issuance of Series "A" of the 1998 General Obligation Bonds, the City Council needed to take certain actions regarding bidding and sale of those bonds. Staff recommended that the City Council adopt a resolution declaring the City's intention to sell bonds in the amount of not to exceed $18,500,000, and fixing the time and place of taking bids and directing publication of the notice inviting bids. Adoption of Resolution Declaring Intent to Sell Bonds: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the following Resolution declaring intent to sell bonds in the amount of Not To Exceed $18,500,00, fixing the time and place for taking bids and directing publication of notice inviting bids be adopted: . RESOLUTION NO. 98-5-19-5. DECLARING INTENT TO SELL BONDS AND FIXING TIME AND PLACE FOR TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DECLARING ITS INTENTION TO SELL BONDS OF SAID CITY IN THE AMOUNT OF NOT TO EXCEED EIGHTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($18,500,00), FIXING THE TIME AND PLACE FOR TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE INVITING BIDS City Council Minutes -14- 5/19/98 169 The motion carried by the following vote: ' AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None Ms. Pendleton noted that the bonds were scheduled to sell on June 9, 1998. DIRECTOR OF COMMUNITY SERVICES 1. CONSIDERATION OF BOYS AND GIRLS CLUB PROPOSAL FOR YOU SERVICES FACILITY AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER SITE AND INITIATION OF DEVELOPMENT PLAN AMENDMENT PROCESS (210.30) Written Communications: (1) Report dated May 19, 1998 from the Community Services Director advising that following the initial analysis of the Boys and Girls Club proposal to construct a youth services facility at the City's Community Center site, a variety of issues associated with the project could be adequately addressed, including traffic and parking, compliance with bond covenants, proposed building operational issues for mixed age ' groups and design issues connecting the Club's facility to the existing Community Center and future gymnasium. The Report recommended that the City Council provide authorization and direction to staff to proceed with a Community Center Development Plan Amendment process, involving a public workshop and public hearings prior to the matter being returned to the City Council for formal consideration. Further, staff recommends that the City Council direct staff to develop a draft agreement or memorandum of understanding with the Boys and Girls Club of Capistrano Valley, to be considered by the City Council concurrently with the Community Center Development Plan Amendment. (2) Memorandum dated May 18,1998 from Sharon Heider, Open Space Project Manager detailing the additional costs to facilitate the Boys and Girls Club proposal. Estimated costs were $55,205 and staff recommended using a portion of the Gymnasium construction contingency funding to provide this additional cost so that the gymnasium can continue without precluding the future Boys and Girls Club. Public Comments: (1) James Hernandez, Hernandez & Associates, Project Architect, advised that he was present for questions. Council Comments: ' Council Member Campbell stated her desire to know how the program will be run and that the Boys and Girls Club can raise the necessary funding to construct their facility. She City Council Minutes -15- 5/19/98 170 stressed that the Community Center was on community land paid for by taxpayers but this facility would be private, and used only by members. She wanted assurance that if, for some reason, the facility was not built, the City would receive back its funding. She wanted assurance that there was a protection in place that it would be run as the people of the community desired. Col. Jim Williams, Executive Director of the Boys and Girls Club, 31371 El Camino Real, addressed Mrs. Campbell's concerns, noting that the club was making very good progress in getting support from the community, which was becoming increasingly aware of the need for facilities for children. There was a need for a place for children to go after school --a place that was safe, positive and affordable. He stated the Boys and Girls Club did not intend to fail and he did not expect any problem in raising the money for construction; in fact, he advised that major contributions were lining up. However, if the project should fail, he felt that subject to approval of the Board of Directors, the Boys and Girls Club would guarantee return of the City's funding of $55,000. Approval of Initiation of Development Plan Amendment Process and Additional Costs related thereto: It was moved by Council Member Greiner, seconded by Council Member Swerdlin, and carried with Council Member Hart abstaining, to approve the findings regarding the Club's proposal as presented by the City staff project team; to direct staff to initiate a Community Center Development Plan Amendment process, including a community workshop and reviews by appropriate commissions; to direct development of an agreement regarding the Boys and Girls Club proposal; to direct staff to return to Council with a concluding report, recommendations, and proposed agreement; and, to approve funding in the amount of $55,205 from the Gymnasium construction contingency fund. Council Member Hart noted his abstention was due to his position as a member of the Board of Directors of the Boys and Girls Club. DIRECTOR OF PUBLIC WORKS APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES - CITY HALL MODIFICATIONS (GILLIS & ASSOCIATES) (600.30) Written Communications: Report dated May 19, 1998 from the Public Works Director advising that certain physical changes need to be made to City Hall to (1) ensure safe work areas and spaces to minimize risk of injury; (2) to meet requirements of the Americans With Disabilities Act to provide handicap -accessible restrooms; (3) to allow for full completion of the consolidation of water functions into City operations; and (4) to provide the space modifications necessary to accommodate the newly -created Public Works Department. The total cost of the modifications was estimated at $115,000. City Council Minutes -16- 5/19/98 171 A Request for Proposal had been distributed to provide architectural services; two proposals ' had been received. Staff recommended approval of the Agreement for Professional Services with Gillis and Associates in the amount of $9,808.00. Amy Amirani, Public Works Director, gave an oral presentation. Motion to Approve Professional Services Agreement: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously, to approve the Agreement for Professional Services with Gillis and Associates for City Hall Modification preliminary design in the amount of $9,808.00. DIRECTOR OF PLANNING APPROVAL OF RESOLUTIONS CONFIRMING APPROVAL OF GENERAL PLAN AMENDMENT 95-4 AND INTRODUCTION OF AN ORDINANCE APPROVING REZONE 97-5 FOR A PROPOSED SELF -STORAGE FACILITY NEAR INTERSTATE 5 AND VALLE ROAD (VALLE ROAD SELF- STORAGE/NESS) (440.25/460.20) Written Communication: Report dated May 19, 1998 from the Planning Director advising that the City Council had approved this project in concept at their April 7, 1998 meeting and forwarding the appropriate documentation to complete the approvals. ' Introduction of Ordinance Approving Rezone to SP. Precise Plan: 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 Hart, seconded by Council Member Greiner, that the following Ordinance be introduced: REZONE 97-05 - VALLE ROAD SELF STORAGE/NESS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 97-05 AND ADOPTING PRECISE PLAN 97-06 FOR A 107,358 SQUARE FOOT SELF -STORAGE FACILITY TO BE LOCATED AT THE CONFLUENCE OF INTERSTATE 5 AND VALLE ROAD (VALLE ROAD SELF-STORAGE/NESS) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart and Mayor Jones NOES: Council Member Campbell ABSENT: None City Council Minutes -17- 5/19/98 172 Approval of Mitigated Negative Declaration: It was moved by Council Member Hart, seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO, 98-5-19-6, CONFIRMING MITIGATED NEGATIVE DECLARATION - VALLE ROAD SELF STORAGE/NESS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING A MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT 95- 04, REZONE 97-05, HILLSIDE MANAGEMENT 97-03 AND ARCHITECTURAL CONTROL 97-06 PERMITTING THE CONSTRUCTION OF A SELF -STORAGE FACILITY ON A PARCEL OF LAND LOCATED AT THE CONFLUENCE OF INTERSTATE 5 AND VALLE ROAD AND BETTER KNOWN AS ASSESSOR'S PARCEL NUMBER 666-301-02 (VALLE ROAD SELF STORAGE/NESS) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart and Mayor Jones NOES: Council Member Campbell ABSENT: None Approval of General Plan Amendment 95-4: It was moved by Council Member Hart, seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO. 98-5-19-7. APPROVING GENERAL PLAN AMENDMENT 95-04 - VALLE ROAD SELF STORAGE/NESS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 95-4, ADDING THE SELF -STORAGE USE TO THE LAND USE DISTRIBUTION FOR THE ELKINS YATES SPECIAL STUDY AREA AND PERMITTING THE CONSTRUCTION OF A SELF - STORAGE FACILITY ON A PARCEL OF LAND LOCATED AT THE CONFLUENCE OF INTERSTATE 5 AND VALLE ROAD AND BETTER KNOWN AS ASSESSOR'S PARCEL NUMBER 666-301-02 (VALLE ROAD SELF STORAGE/NESS) The motion carried by the following vote: City Council Minutes -18- 5/19/98 AYES: ' NOES: ABSENT: ORDINANCES None COUNCILMANIC ITEMS Council Members Swerdlin, Greiner, Hart and Mayor Jones Council Member Campbell None 1. ORAL REPORTS OF OUTSIDE AGENCIES a. SouthEast Regional Reclamation Authority (1040.60) Mayor Jones noted that a finance committee meeting was held on May 19, 1998 and the status quo prevailed. b. Orange County Waste Management Commission (810.10) Council Member Greiner noted that a meeting had been held on May 14, 1998 but there was nothing to report. COUNCIL COMMENTS Building Moratorium/General Plan Update (440.25) Council Member Hart requested that staff place on the June 2, 1998 City Council meeting agenda consideration of a building moratorium in the City while the General Plan was being updated. He stated that (1) there had been no comprehensive update of the General Plan since 1974; (2) there are a number of road connections that are not supported by the Council but which are still included in the Circulation element, including San Juan Creek Road to La Pata, Camino Las Ramblas to La Pata, Alipaz extension from Del Obispo to Junipero Serra, bridge crossing ofTrabuco Creek and Camino Los Padres connection to Camino Capistrano; (3) there is significant school overcrowding; and (4) the City's long-term fiscal viability has not been reassessed since the passage of Proposition 13. A moratorium would be on large - impact developments only and would assure that the General Plan review was not compromised by interim decisions. Exemptions would include previously -approved residential, vesting or tentative maps, including those for which mass grading permits have already been issued, any new residential subdivision of 12 homes or less, all non-commercial and retail projects of less than 10 net usable acres, and any public institutional use. Approval to Agendize Consideration of Building Moratorium By a consensus of Council Members, it was agreed to direct staff to place consideration of a building moratorium on the June 2, 1998 City Council agenda. City Council Minutes 19- 5/19/98 173 174 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:00 p.m. to the the next regular meeting date of Tuesday, June 2, 1998, at 5:30 p.m., in the City Council Chambers. Respectfully submitted, CHERYL JOHNSGW,CI CLERK City Council Minutes -20- 5/19/98