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95-0919_CC_Minutes_Regular Meeting361 SEPTEMBER 19, 1995 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Nash at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Council Member Collene Campbell. ROLL CALL: PRESENT: Carolyn Nash, Mayor Collene Campbell, Council Member Wyatt Hart, Council Member Gil Jones, Council Member David Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary. I MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that all Ordinances be read by title only. INTRODUCTIONS AND PRESENTATIONS Council Member Campbell introduced the following Commission representatives in attendance: John Greiner (Planning Commission), Mary Rose Winkler (Mobile Home Park Review Committee), Bill Sonka (Transportation Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), and Al Simmons (President of the San Juan Seniors Club). C�I373•Ti�I�[I�I .•711 YL��6 TOW-KODISKE011-FLODMV1! 1 1'1 ' gem x W rT.1_wo mex,I NJ V V L82 g Ex •1 1 Mary Rose Winkler, 32802 Valle Road, Space 111, noted that paving had been completed on the east side of Valle Road near the Capistrano Terrace Mobilehome Park. She advised City Council Minutes -1- 9/19/95 We% that the paving ended at a culvert where there was no barrier and expressed concerns regarding vehicle and bicycle safety. She concurred with Council Member Campbell that the stop sign for southbound traffic on Valle Road in the vicinity of the new Lincoln Mercury dealer could be removed, but felt that the stop sign at the bottom of McCracken Hill for traffic northbound on Valle Road should be retained. 2. VETERANS OF FOREIGN WARS (150.60) Jack Campbell, 27792 Camino Santo Domingo, Commander of Post 3801 of the Veterans of Foreign Wars, advised that this year's annual picnic, jointly sponsored by the VFW and the American Legion, was being expanded to include the entire community to commemorate the 50th anniversary of the end of World War II. The picnic is scheduled for Saturday, November 11, 1995 (Veteran's Day) at Descanso Park from 11:00 a.m. to 3:00 p.m., with the ceremony at noon and lunch at 1:00. He noted that Congressman Bill Morrow would be the principle speaker. It was a consensus of the Council that the City assist Commander Campbell and the American Legion in making this celebration a successful community event. 3. LITTLE LEAGUE FIELDS (530.40,) George O'Connell, 30882 Steeplechase Drive, speaking on behalf of the San Juan Capistrano Little League, noted the deteriorating condition of the athletic field at San Juan Elementary School. He explained that their major league program needed to be moved due to the freeway widening and off -ramp reconstruction,. Although the League has an agreement to use Hausdorfer Field at the new Sports Park for the senior program, he requested that the League be permitted to use the other fields at the Sports Park for their major division play. He indicated that the League was willing to donate fund raising money toward the maintenance of the new fields and requested the City's assistance in this matter. It was a consensus of the Council that staff be directed to meet with the Little League to work out a solution to their request. C/ UVIU ' 1 Tom Facon, Director of the San Juan Capistrano Chamber of Commerce, expressed appreciation to the City, particularly Mechelle Lawrence and Greg Murray, for taking a leadership role in promoting the Shop and Dine San Juan program. NOINUCY WKY61I WUMV0 It was moved by Council Member Jones, seconded by Council Member Hart, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Council Minutes -2- 9/19/95 363 AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None APPROVAL OF CITY COUNCIL MINUTES a. Regular Meetintof August 15. 1995 The Minutes of the Regular Meeting of August 15, 1995, were approved as submitted. • •.. -.{ r • .. The Minutes of the Adjourned Regular Meeting of August 17, 1995, were approved as submitted. C. Special Meeting of August 17. 1995 The Minutes of the Special Meeting of August 17, 1995, were approved as submitted. ' 2. RECEIVE AND FILE WARRANTS OF AUGUST 30. 1995 1300.301 The List of Demands dated August 30, 1995, in the total amount of $2,504,009.12 was received and filed. r r: O•7);WO•0412AQUArui:1`rt&VxYrl�Tiiileirb • • / 1 The City Treasurer's Report of Investments as of August 31, 1995, in the total amount of $10,004,223.36 was received and filed. The Report dated September 19, 1995, from the Planning Director, advising that four new development applications were received by the City since the last report of August 15, 1995, was received and filed. As set forth in the Report dated September 19, 1995, from the Engineering and Building ' Director, the following Resolution was adopted declaring the construction and installation of City Council Minutes -3- 9119195 364 parking, landscaping, and lighting improvements at the southeast comer of El Horno Street and El Camino Real (Library) by Advanced Construction to be complete: RESOLUTION NO. 95-9-19-1. COMPLETION OF THE HORNO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION) - 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 EL HORNO (LIBRARY) PARKING LOT (ADVANCED CONSTRUCTION The Resolution accepted the work as complete in the amount of $237,355.56 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the retention in the amount of $11,867.78 thirty-five (35) days after recording the Notice of Completion. As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities Director, the following Resolution was adopted accepting the completion of the 1995 Weed Abatement Program for the City by Stewart & Associates: 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 1995 WEED ABATEMENT PROGRAM (STEWART AND ASSOCIATES) The Resolution accepted the work as complete in the amount of $14,836.10 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $1,483.61 thirty-five (35) days after recording the Notice of Completion. As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the following Resolution was adopted declaring the private street improvements within Tracts 12262 and 12423 by CCL Realty Ltd. to be complete: City Council Minutes -4- 9/19/95 36S RESOLUTION_ NO. 95-9-19 0 v PLETION OF PRIVATE ' IMPROVEMENTS. RELEASE OF BONDS - TRACTS 12262 AND 12423 (CCL REALTY LTD.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS WITHIN TRACTS 12262 AND 12423 (CCL REALTY LTD.) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the remaining corresponding securities in the amounts of $34,030 and $27,150 for Tracts 12262 and 12423, respectively, thirty-five (35) days after recording the Notice of Completion. •3'• • '• • L • D• I I As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the contract for the asphalt concrete overlay of Calle Arroyo from La Novia Avenue to Avenida Siega was awarded to the lowest responsible bidder, All American Asphalt, in the amount of $128,090.50. All other bids were rejected. The Mayor and City Clerk were ' authorized to execute the contract on behalf of the City. 9. AWARD OF CONTRACT - SPRING STREET DRAINAGE IMPROVEMENTS (ATLAS -ALLIED. INC.) (600.30) As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the contract for the Spring Street Drainage Improvements was awarded to the second -lowest responsible bidder, Atlas -Allied, Inc., in the amount of $23,915.00. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Also received was a letter dated September 11, 1995, from Steve Cappello, who was the low bidder on this project, requesting an opportunity to address this contract before the Council. Mr. Cappello noted the engineer's estimate was $13,800 and his bid was $13,200. He noted that mistakes were made and requested his bond not be attached. Mr. Scarborough indicated he would meet with Mr. Cappello to work out a solution. "M W03A I• • I1 1 As set forth in the Report dated September 19, 1995, from the Public Lands and Facilities ' Director, the specifications were approved for the purchase of the following vehicles for the City. Staff was authorized to call for bids. City Council Minutes -5- 9/19/95 366 New Eauinment Full size `/2 -ton 2 -wheel drive pickup 1 -ton flatbed truck with lift gate Mid-size 4 -wheel drive utility truck 1987 Ford 1 -ton flatbed - Unit # 13 5 1987 Ford 1 -ton flatbed - Unit #136 1988 GMC utility 4x4 truck - Unit #148 • • . eI;7::,�filSidfri:�Y���r�zCi u ••• • •,moi••' •. • t� • '••. As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the Cooperative Agreement between the City of San Juan Capistrano and the San Joaquin Hills Transportation Corridor Agency (TCA) was approved to widen the 800 -foot, two-lane portion of Rancho Viejo Road between Village Road and Trabuco Creek. The work will be performed concurrently with the Corridor project by the TCA's contractor, California Corridor Constructors, for a cost of $107,986 with the use of advanced funding received from the Orange County Transportation Authority MRAP Program. The City Manager was authorized to execute the Agreement on behalf of the City. Council Member Swerdlin expressed appreciation to Council Members Jones and Campbell and Mr. Huber for their efforts in this matter. 1 O_ ._C• 1� • • • • •' I�1' As set forth in the Report dated September 19, 1995, from the Administrative Services Director, the Agreements between the City of San Juan Capistrano and the Foothill/Eastem Transportation Corridor Agency and the San Joaquin Hills Transportation Corridor Agency were approved to modify the procedures for collecting Developer Impact Fees. To mitigate any potential impacts from the County's bankruptcy situation, the modifications will require all fees collected by the City on behalf of the Transportation Corridor Agency to be remitted on separate checks and forwarded to the Transportation Corridor Agency directly on a monthly basis rather than co -mingled with City funds. The City Manager was authorized to execute the Agreements on behalf of the City. 13. TEMPORARY STREET CLOSURE - MISSION SAN JUAN CAPIAMM 01 HISTORICAL RE-ENACTMENT ACTIVITY- SATURDAY- OCTOBER 7. 1995 (820,70) As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the request by the Mission San Juan Capistrano was approved for the temporary street closure of Ortega Highway from Camino Capistrano to El Camino Real from 2:30 p.m. to 3:15 p.m. on Saturday, October 7, 1995, for the proposed historical re-enactment event. City Council Minutes -6- 9/19/95 367 14. RESOLUTION GRANTING EASEMENT FOR ELECTRIC AND COMMUNICATION FACILITY PURPOSES - SPORTS PARK RECREATION COMPLEX (SAN DIEGO GAS & ELECTRIC) (670.50) As set forth in the Report dated September 19, 1995, from the Engineering and Building Director, the following Resolution was adopted granting an easement within the Sports Park Recreation Complex for electric and communication facilities to San Diego Gas & Electric: RESOLUTION NO. 95-9-19-4. GRANTING EASEMENT TO SAN DIEGO GAS & ELECTRIC (SPORTS PARK RECREATION COMPLEX) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING AN EASEMENT FOR ELECTRIC AND COMMUNICATION FACILITY PURPOSES WITHIN THE SPORTS PARK RECREATION COMPLEX The Resolution authorized the Mayor and City Clerk to execute the easement documents on behalf of the City. The City Clerk was directed to forward the easement to San Diego Gas & Electric. 15. RESOLUTION VACATING PUBLIC ACCESS. ACCEPTING REVISED STREET AND UTILITY EASEMENTS- AND RESCINDING RESOLUTION NO. 95-6-20-3 - AVENIDA LOS CERRITOS (ARCHITECTURAL CONTROL 89-3/ ' SOUTH COAST CHRISTIAN ASSEMBLY) (670.50) Written Communications: (1) Report dated September 19, 1995, from the Engineering and Building Director, recommending that public street access rights over portions of Avenida Los Cerritos be vacated and the City's right for a 20 -foot -wide emergency access within Parcel C and public utility purposes within all of Parcels A, B, and C be retained. (2) Memorandum dated September 19, 1995, from the City Clerk, forwarding a recommendation by staff to reschedule this item for the Consent Calendar of October 3, 1995. It was a consensus of the Council that this item be continued to the meeting of October 3, 1995, at the request of staff. The following item was taken out of order from the agenda for the convenience of interested persons in attendance. City Council Minutes -7- 9/19/95 ME ADMINISTRATIVE ITEMS CITY MANAGER RATIFICATION OF A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE REGARDING THE PRIMA DESHECHA LANDFILL (600,50) Written Communication: Report dated September 19, 1995, from the City Manager, recommending that the proposed Memorandum of Understanding be approved between the City and the County regarding the Prima Deshecha Landfill. The following are provisions contained in the MOU: (1) The County will initiate the process with the City to gain General Plan compliance for the landfill itself. (2) The County must begin construction of the Antonio Parkway extension between Oso Parkway and Ortega Highway by December 31, 1996, for completion by May 31, 1999. (3) Antonio Parkway shall not be constructed as a toll road to encourage its use. (4) Importation of trash will be prohibited until January 1997 and may not exceed 2,000 tons per day prior to completion of the Antonio Parkway extension. (5) If Antonio Parkway extension is not completed within the stipulated time frame, the County agrees to stop all importation to Prima Deshecha. (6) The City's ridgelines shall be protected and no activity or material will be allowed to "silhouette" above major ridgelines. (7) The County will construct earthen berms to buffer noise to residences located near the landfill. (8) The County will establish a plan for financing the construction of a park over the landfill once closed. (9) The County will pay the City $.81 for each ton of imported trash deposited in the landfill. The fee is mitigation for landfill access only, not compensation for acceptance of solid waste. The money can be used to fund increased traffic enforcement along Ortega Highway, additional hours of commercial vehicle enforcement and to fund road and signalization improvements to Ortega Highway. (10) The County will limit the total tonnage for all trash to 4,000 tons per day for the life of the landfill. City Council Minutes 8- 9/19/95 369 ' (11) Any out -of -county waste haulers using Prima Deshecha landfill must use a haul route approved mutually by the County and the City. (12) Any imported solid waste must be brought in transfer trailer vehicles. Mayor Nash explained how the City Council arrived at its decision to enter into an agreement with the County regarding importation, despite the City's past strong opposition to the County's proposal to do so. She advised that the City still opposed importation; however, the Council felt that through negotiation with the County the City had achieved some beneficial concessions. She advised that the City's main concern had always been with the amount of increased traffic on Ortega Highway that would result from the importation of trash. Although the City was not successful in defeating SB 17xx, which would have allowed County importation of trash into the City's landfill without requiring an Environmental Impact Report, the bill that was passed included a clause that would restrict the amount of trash coming into the landfill and require the County to bring their operating permit into compliance with the City's regulations before importation could begin. The restriction was added because the County had never obtained an approved General Plan Amendment from the City. She noted that the Prima Deshecha landfill was the largest west of the Mississippi and the Council felt that realistically the County would eventually be able to import trash despite litigation. To decrease the amount of trash truck traffic, primarily from San Diego County, alternatives were studied, including extending La Para through San Clemente, extending Antonio Parkway from its current terminus at Oso Parkway to Ortega Highway, which connects to La Para and the landfill. However, it became clear that the majority of traffic impacts to Ortega Highway were from sand, gravel, and cement trucks travelling west on Ortega Highway, which would not be rerouted off Ortega through a plan to reduce the number of trash trucks. Therefore, in order to reduce the number of other kinds of trucks, the County agreed to construct Antonio Parkway, which would remove approximately 6,000 vehicle per day, as a mitigation measure for impacts from importation. In exchange, the City would permit a maximum of 2,000 tons per day starting January, 1997, to be imported to the landfill, which is half the tonnage originally proposed for importation. Completion of Antonio Parkway was expected by 1999, which meant approximately additional 100 trucks per day would use Ortega Highway for 2 years. She reiterated that this was the main reason the City Council began to work with the County on an agreement. She stated that most of the construction trucks on Ortega Highway were travelling to Rancho Santa Margarita and the ability to use Antonio Parkway would alleviate traffic on Ortega Highway through the City. Additional benefits the City received included delaying importation until 1997, berming on La Para to mitigate impacts to nearby residences, compliance with the City's General Plan, protection of the City's ridgelines, and an 81 ¢ per ton fee on imported trash to cover road improvements on Ortega Highway. With the aid of an overhead projector, Mr. Scarborough gave a presentation showing the advantages and disadvantages of the proposed Agreement with the County, noting that in ' many instances, litigation by the City might have resulted in the same outcome. He noted that the City intended to work with the County on the design of the berming, which would be brought back to the Council for review and approval. City Council Nlinutes -9- 9/19/95 370 Public Comments: (1) Bonnie Holt, #1 Strawberry Lane, expressed appreciation to the City for their efforts in negotiating with the County. She inquired whether trash importation could be delayed until Antonio Parkway was completed, how trash trucks could be monitored to ensure they use Antonio Parkway, whether Avenida Pico could be extended to La Pata and whether fees received for imported trash would be placed in a special maintenance fund for Ortega Highway to ensure that the funds are not allocated for another use. She concurred with the proposed berming and felt that additional berming was needed for other neighborhoods along Ortega Highway. She read a letter submitted by Larry H. Parker to Bill Popejoy, CEO for the County, regarding the dangerous conditions from increased traffic from trash trucks passing by residential neighborhoods. Mr. Scarborough explained that trucks importing trash from San Diego County will need to access the landfill via Ortega Highway; however, construction and trash trucks traveling westbound will be substantially diverted from Ortega Highway once Antonio Parkway was completed. He noted that the County's Environmental Impact Report does not relate to trash importation; however, the proposed Agreement will require that the County prepare an Environmental Impact Report for a General Plan Amendment process in the City. He indicated that he would contact Ms. Holt to discuss her concerns regarding use of the funds for improvements to Ortega Highway and that staff would provide the Council with a detailed analysis of use of those funds. Council Member Jones stated that delaying the importation of trash until 1999 had been a critical point in the City's negotiations with the County. However, the County had emphasized the need to begin trash importation in 1997 due to financial issues related to their bankruptcy status. He noted that other landfills in the County will begin receiving imported trash in 1996. (2) Warren Michaelis, 28471 Via Ordaz, concurred with the comments made by Ms. Holt. He felt that the ongoing deterioration of Ortega Highway and safety concerns needed to be further addressed and expressed concern that funds realized from importation be used for Ortega Highway improvements. (3) Barry Todd Miller, 10 Strawberry Lane, felt that the current loading conditions at the Ortega Highway off -ramps were dangerous and illegal and preferred that the City continue to strongly oppose the importation of trash. (4) Ethel Tregarthen, 27625 Summerfield, expressed appreciation to the City Council for its efforts in this matter. However, she expressed concern that the completion of Antonio Parkway would encourage additional traffic onto Ortega Highway, noting the existing gridlock at Rancho Viejo Road and Ortega Highway. She expressed concern that the agreements made here would be continued through subsequent Council terms. City Council Minutes -10- 9/19/95 371 Mayor Nash stated that the proposed Agreement is a Memorandum of Understanding, which ' requires both parties to agree to any modifications. Therefore, future City Councils would not be able to overturn the conditions of the Agreement. Council Member Jones felt that when the freeway is widened and the offramp is completed, many of the existing traffic problems at Rancho Viejo Road and Ortega Highway will be alleviated. Council Member Swerdlin noted that the County's bankruptcy situation politically forced the issue of trash importation to the front to provide income. However, he felt that the proposed Agreement would mitigate many of the City's concerns and would serve the City's best interests in the long term. Council Member Jones concurred and stated that although he has always adamantly opposed trash importation, he ultimately felt the proposed Agreement was in the best interest of residents. Council Member Campbell strongly believed that the City would benefit from the completion of Antonio Parkway. However, she indicated that she had problems with the agreement and would have held out longer and her vote would indicate that. She felt the proposed Agreement did not go far enough in ensuring: 1) the construction of the berms as high as the City wants them, 2) the need for the berms to cover up the trucks to prevent noise and site impacts; 3) a financial guarantee for funds to be received by the City, which caused concerns about maintaining law enforcement on, and maintenance of, Ortega Highway; and 4) while there is a provision that importation will stop in 1999 if Antonio Parkway is not completed, there is no limitation on the number of trucks that can come from Orange County. ' Council Member Hart indicated he would personally be seriously impacted by this proposal and has been opposed to trash importation. However, he felt that the City would have been unable to win a legal battle against the County in this matter and felt it was unconscionable to spend taxpayers' money on a lawsuit. He noted that the City fought hard to get the bill passed that would prohibit trash importation into the City's landfill. However, with the proposed Agreement, he felt that the City and its citizens would get the most benefit in the most expedient manner. Ratification of Memorandum of Understanding with the County: It was moved by Council Member Jones, seconded by Council Member Hart, that the Memorandum of Understanding between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill be approved. The Mayor was authorized to execute the MOU on behalf of the City. The motion carried by a 4-1 roll call vote, with Council Member Campbell voting in opposition. ut_ • • ProTo,al• Consideration of the draft County -wide Integrated Waste Management Plan (CIWMP) in accordance with the California Integrated Waste Management Act of 1989. The CIWMP City Council Minutes -11- 9/19/95 372 incorporates the City's and County's Source Reduction and Recycling Elements, Household Hazardous Waste Elements, Non -Disposal Facility Elements, the Countywide Siting Element, and a Summary Plan. Written Communication: Report dated September 19, 1995, from Douglas Dumhart, Management Analyst II, recommending that the City disapprove the CIWMP because of the City's concerns that the document's description of the Prima Deshecha Landfill's Solid Waste Facility Permit, particularly the permitted rate of disposal, is inaccurate. Douglas Dumhart, Management Analyst II, made an oral presentation. Public Hearine: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Disapproving the Counl3mide Integrated Waste Management Plan: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: RESOLUTION NO 95-9-19-5 DISAPPROVING THE COUNTY OF ORANGE'S COUNTY -WIDE INTEGRATED WASTE MANAGEMENT PLAN (CIWMP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DISAPPROVING THE COUNTY OF ORANGE'S COUNTY -WIDE INTEGRATED WASTE MANAGEMENT PLAN The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None 0,11 tug �Aeluuvvg • • • Mum 1� null_ I• • I 11111081IM971009T, MID Mayor Nash announced that because of a staff error regarding notification, this item would be continued to the meeting of October 3. City Council Minutes -12- 9/19/95 373 Proposal: ' Consideration of the following applications to construct 112 affordable senior apartments and one single-family residence at the southwest comer of Ortega Highway and Rancho Viejo Road: (1) Density Bonus Permit 95-1 to construct 112 affordable senior apartments. The applicant requested a 25% increase in the allowed density intensity, plus an increased density bonus for a total of 112 units, and financial assistance in exchange for guaranteeing affordability for 92 of the 112 units (with 18 units designated for very low and low income households) for 57 years. (2) Rezone 94-4 to amend Comprehensive Development Plan 78-1 to permit the construction of one single-family residence and modify development standards. The Rezone would permit one 10,000 -square -foot single-family lot along the west property boundary, reduce setbacks from Ortega Highway and Rancho Viejo Road, allow a maximum 30 -foot building height within 50 feet of Ortega Highway, reduce the minimum perimeter landscape area from 30 feet to 7 feet, and establish a development review process for the single-family residence. (3) Architectural Control 94-5 for review of the site plans, architecture, lighting, landscaping, sign details, and putting greens. ' (4) Lot Line Adjustment to combine three separate lots into two—one for the senior project and one for the single-family residence. (5) Exception to Numerical and Covered Parking Standards to allow 105 parking spaces instead of the 123 required by the Municipal Code (a reduction of 18 spaces) and to construct non -covered parking. (6) Tree Removal Permit to allow the removal of seven Sycamore trees along the comer of Rancho Viejo Road and Ortega Highway as well as five other trees on site that are dead or decaying. Applicant Prooe y Owner: Kaufman and Broad Carlos Romer Tom Erickson, Project Manager P.O. Box 520 10990 Wilshire Blvd. San Juan Capistrano, CA 92675 Los Angeles, CA 90024 Written Communication: Report dated September 19, 1995, from the Planning Director, outlining and addressing issues with the project and recommending that the Negative Declaration be certified for the project and that all applications be approved, subject to mitigation measures and conditions of approval. City Council M nutes -13- 9/19/95 374 Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. Proposed site plans, building elevations, existing conditions plan, concept development plan, floor plan, and landscape plan were on display. She noted that the staff recommendation differed from that of the Transportation Commission and the Planning Commission as follows: Both recommended restricting right in and right out access; staff felt that access should not be restricted. The Transportation Commission recommended that parking be upgraded to require one space per unit; staff felt that .83 per unit was acceptable. The Planning Commission recommended clay tile roofs; staff felt that it should not be required because of cost considerations, which would increase the loan by the Community Redevelopment Agency. She recommended several modifications to the conditions of approval; one to correct a typographical error, and the other to delete a condition regarding tree preservation that was unnecessary since there were other conditions that ensured the preservation of the trees. She noted that the adjacent property owners at the Forster Mansion had not received notification from the City of this item; however, they had expressed concerns with the proposed land use, visual impacts, and compatibility with the proposed single-family residence. Public Hearin: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the following persons responded: Applicant's Comments: Kevin Payne, Director of Development at Kaufman and Broad, concurred with most of the recommendations proposed by staff. He clarified that Condition 49 regarding future access to the adjacent retail property would be at no cost to Kaufman and Broad. With regard to Condition #12 which required that guest parking spaces be placed in groups of 2, 3, and 4 throughout the site, he clarified that the only assigned guest parking would be at the recreational facility with the remaining spaces used on a first-come, first -serve basis. He felt staff had understood the condition in that way. He requested that Condition #14 be deleted, stating that the proposed age restriction on the single-family lot would conflict with their purchase agreement and would prohibit them from closing escrow on the property. He introduced the other representatives of the applicant in attendance. Public Comments: (1) Phillip Charis, owner of a portrait studio at Capistrano Collection, explained that he originally purchased the Forster Mansion five years ago because of its historical landmark status, its close proximity to the freeway and the Mission, and the commercial designation of the surrounding area. He felt that the proposed senior housing and single-family residence were inappropriate uses for the area and would obstruct the view of Capistrano Collection and the Mansion from Rancho Viejo Road. He strongly urged that the Council reconsider allowing a residential use in an area previously designated for commercial. (2) Karen Hooper, representing Capistrano Collection, expressed concern that the proposed development would obstruct views of Capistrano Collection from Ortega City Council Minutes -14- 9/19/95 375 Highway and could create traffic hazards for people trying to ingress and egress the ' center. She also expressed concern that the proposed low-income housing could deflate the value of the center and the Forster Mansion. She requested that the Council consider alternatives to mitigate impacts to the existing commercial uses. (3) Tom Merrell, a community development consultant representing Capistrano Collection and Mr. Charis, urged the Council to find solutions to the concerns expressed by both parties. He stated that Mr. Charis' concerns were with visual impacts from the proposed single-family residence behind the Mansion and its architectural compatibility, as well as the potential damage to the existing mature eucalyptus trees located on the property line. He felt that a better buffer was needed between the proposed residential use and the commercial uses. He felt that proposed Building B located at the comer of Rancho Viejo Road and Ortega Highway would completely block the view of the center and the Mansion. He noted the frustration of both property owners because of their belief that the adjacent property would be developed into commercial uses that would help their businesses. He requested that this hearing be continued to the meeting of October 3 so that staff could work to resolve the property owners' concerns. There being no further input, the hearing was declared closed with the right to reopen at any time. ' Council Di siow Mayor Nash encouraged staff to work with the adjacent property owners to resolve their concerns. She noted that Ortega Highway is a designated Scenic Highway and urged staff to review that issue. She commented that Building B could be switched with the recreation building and urged that all mature trees be preserved on site. She reiterated the requirement that the proposed single-family residence be reviewed architecturally by the Design Review Committee and the Planning Commission. Council Member Swerdlin indicated he was opposed to placing age restrictions on the single-family residence. Council concurred with Council Member Swerdlin's comment. The Planning Director confirmed that staff would be reviewing the orientation of Building B, the tree concerns, the single-family design standards and modification to the condition regarding an age limitation on the single-family home. Continuation of Hearing: It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously carried that the hearing be continued to the meeting of October 3, 1995. City Council Minutes -15- 9/19/95 376 WORN D • 1 1 • •' I •' PROJECT (KAUFMAN & BROAD) (600,50) Proposal: Consideration of a request by Kaufman & Broad for the City to join the California Statewide Communities Development Authority (CSCDA) to provide tax-exempt financing for construction of an affordable senior housing project, in an amount not to exceed $11 million. These funds would be repaid solely from lease revenues generated from the project. Applicant Kaufman and Broad Tom Erickson, Project Manager 10990 Wilshire Blvd. Los Angeles, CA 90024 Written Communication: Report dated September 19, 1995, from the Administrative Services Director, recommending that the two Resolutions be adopted approving 1) an amended and restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority; and 2) the issuance of tax-exempt financing for the purpose of a senior housing project. Ms. Pendleton made an oral presentation. She noted that if the Kaufman and Broad senior housing project were not approved, this financing would not go forward. However, the City would still be a member of the authority when needed in the future. Public Hearing: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving an Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution be adopted: AUTHORITY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY City Council Minutes 16- 9/19/95 377 The motion carried by the following vote: ' AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None Adoption of Resolution Endorsing the Financing of a Senior Housing Project by the California Statewide Communities Development Authority: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: RESOLUTION NO, 95-9-19-7. ENDORSEMENT OF FINANCING OF SENIOR RENTAL HOUSING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE —COMMUNITIES DEVELOPMENT AUTHORITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENDORSING THE FINANCING OF SENIOR RENTAL HOUSING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None Council recessed at 9:06 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:01 p.m. as the City Council. CITY MANAGER Written Communication: Report dated September 19, 1995, from the City Manager, recommending that the proposed Fire Services Agreement with the Orange County Fire Authority be approved for an indefinite City Council Minutes -17- 9/19/95 378 term. The new Agreement reflects the same services and responsibilities for fire services that were previously performed by the Orange County Fire Department. Approval of Fire Services Agreement with the Orange County Fire Authority: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the Fire Services Agreement with the Orange County Fire Authority be approved. ENGINEERING AND BUILDING SERVICES DIRECTOR INNERLORTNENUMNITSOT7 ■.v a a Lou vI Written Communication: Report dated September 19, 1995, from the Engineering and Building Director, requesting direction from the Council with regard to the installation of lighting at the Sports Park. The Report addressed the existing and future needs for lighting, the potential for revenue generation, and funding options. Two options were suggested: 1) borrowing sewer funds to fund the lighting to be repaid from a combination of user fees and Park and Recreation fees, or 2) creating a combined funding source. Sharon Heider, Open Space Project Manager, made an oral presentation. She reviewed comments made by members of the Parks, Recreation and Equestrian Commissioner on September 18, 1995, and explained that the funds for the lighting would be taken from unallocated funds and would not impact the allocated funding. Council Member Campbell felt that nearby residents should be able to provide their input in this matter. Mr. Tomlinson explained that the original Conditional Use Permit process for the Sports Park did include a public hearing, during which lighting was addressed. He noted that the provision for lighting of the fields was approved by the City Council at that time for consideration at a later date. Mr. Scarborough added that the design and specifications for the fighting would be brought back to the Council for review, at which time the public would be notified. Council Member Campbell emphasized that only the lighting infrastructure was approved initially and requested assurance that all funds remain available to complete the Community Center. Public Comments: (1) Don Blatnik, 34010 Selva Road, Dana Point, Vice President of the San Juan Little League, spoke in support of the lighting and expressed appreciation to City staff for their response to the Little League's needs. He stated that lighting of the fields would allow more children to participate, provide tournament play, and create more revenue for the program via increased sales at the snack bar. (2) Roy Nunn, 31011 Paseo Valencia, Assistant Regional Commissioner and Fields Director for AYSO, stated that lighting of the fields would allow coaches to conduct City Council Minutes -18- 9/19/95 379 practices after work hours. He noted that the funds donated by AYSO and the City ' of Dana Point would cover about 53% of the lighting costs. (3) Al Simmons, 32302 Alipaz Street, Space 135, felt that the City's focus should be on completing and expanding the Community Center, which will bring revenue to the City. He agreed that lighting was important but not at the expense of the Community Center. (4) Warren Michaelis, 28471 Via Ordaz, representing San Juan Little League, stated that if the lighting were not installed now, it would cost 20-30% more in the future. He urged support of the staff recommendation to serve the 2,000 children in the community in Little League. Council Member Jones stated that the Community Center would benefit from the recommendation proposed by staff (creating a combined funding source). He felt that one of the most important elements of the Sports Park was lighting. He felt it was important to provide good recreational facilities for the children in the community, as well as to provide the community center and recreational facilities for all the people in the community. Council Members Hart and Swerdlin concurred. Mayor Nash indicated she did not support the staff recommendation because there were other funding requirements that were equally important. Approval to Allocate Funds for Sports Park Lightine: ' It was moved by Council Member Jones, seconded by Council Member Swerdlin, that Option 42 be approved creating a combined funding source for the installation of field lighting during Phase I construction, as follows: Community Center $200,000 from remaining bond funds and $89,000 from interest earned Field Lighting $111,000 from interest earned and $124,000 from donations received. The motion carried by a 4-1 roll call vote, with Mayor Nash voting in opposition. somps Maw, II I • • 1 1 Written Communication: Report dated September 19, 1995, from the Engineering and Building Director, recommending that the request by the Capistrano Valley Christian School for "No Stopping" ' and "No U -Turns" zones be approved to reduce inappropriate pedestrian activity on Del Obispo Street and minimize delay and circulation conflicts on Via Belardes at Del Obispo. City Council Minutes -19- 9/19/95 lm Council Member Jones suggested that the Sheriffs Department monitor the areas to ensure compliance with the new regulations. Approval of "No Stopping Zone: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Resolution be adopted: RESOLUTION NO. 95-9-19-8. ESTABLISHMENT OF "NO STOPPING 7:00 A.M. - 4:00 P.M. SCHOOL DAYS" ZONE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO STOPPING 7 A.M. - 4 P.M. SCHOOL DAYS" ZONE ON THE NORTH SIDE OF DEL OBISPO STREET FROM VIA BELARDES TO AGUACATE ROAD AND ON THE WEST SIDE OF VIA BELARDES FROM CALLE WINONA TO DEL OBISPO STREET The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None Approval of "No U -Turns" Zones: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Resolution be adopted: RESOLUTION NO. 95-9-19-9. ESTABLISHING "NO U-TURNS" FOR EASTBOUND VEHICLES ON DEL OBISPO STREET—AT VIA BELARDES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U- TURNS" FOR EASTBOUND VEHICLES ON DEL OBISPO STREET AT VIA BELARDES The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None City Council Minutes -20- 9/19/95 381 1. REQUEST FOR WAIVER OF FEES -FIESTA ASSOCI TIONANNUA DEEP I PIT BARBEQUE (390,30) Written Communication: Report dated September 19, 1995, from the Community Services Director, recommending that all fees associated with City permits and security deposits totaling $1,074, but excluding the street banner installation fee, be waived for the annual Fiesta Association Deep Pit Barbeque fund raising event on Sunday, October 1, 1995, at Descanso Park and the San Juan Hot Springs Dance Hall. Waiver of Fees: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that all fees associated with City permits and security deposits totaling $1,074, but excluding the street banner installation fee, be waived for the annual Fiesta Association Deep Pit Barbeque fund raising event on Sunday, October 1, 1995. Written Communication: Report dated September 19, 1995, from the Community Services Director, recommending that all fees associated with City permits and security deposits totaling $1,027 be waived for the Hoedown Community Center fund raising event on Saturday, October 21, 1995, at Descanso Park. The Report also recommended that the Hoedown Committee reimburse the City for $580 of direct costs incurred with the event, which included street banner installation, portable restroom rental and insurance coverage. Waiver of Fees: It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried that all fees associated with City permits and security deposits totaling $1,027 be waived for the Hoedown Community Center fund raising event on Saturday, October 21, 1995. The Hoedown Committee was directed to reimburse the City for $580 of direct costs incurred with the event. • • • 1 ul • • ul U�:i71[%`I�I115A :iP�i��sl K7rI I MINIMUM FROM SUPTEMBER.. Written Communication: Report dated September 5, 1995, and resubmitted September 19, 1995, from Carole Jacklin, Council Services Administrator, noting that the vacancies had been advertised and their appointments continued from the meeting of August 15, 1995, for review of applications. City Council Minutes -21- 9/19/95 382 Continuation of Item: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and unanimously carried that this item be continued until applications have been received. 2. CONSIDERATION OF COMMUNITY PROMOTION FUNDING PROGRAM (APPROVAL OF ALLOCATION TO BOYS AND GIRLS CLUB) (330.20) Written Communication: Report dated September 19, 1995, from the City Manager, forwarding a request by Mayor pro tem Hart to discuss consideration of community promotion funding requests. Council Member Hart stated that the Boys and Girls Club had requested that the Council reconsider donating $2,000 to the Club. He stated that the Club supplements some of the City's programs for youth. Mr. King advised that the focus of the Club had changed significantly, in that they were now a prevention -based and guidance program and not a gang -intervention agency. They had moved out into the community and were providing a variety of programs and fund raising activities involving community organizations. He stated that the Club would provide staffing for activities at the Capistrano Villas neighborhood and San Juan Elementary School. He indicated that the Club was working on a month-to-month basis because of limited funds and felt that the City should help the Club stabilize their funding so that they could eventually assume more program responsibilities to reduce the impact on the Community Services Department. He added that the Club had also demonstrated leadership in their commitment to reduce their operating costs by getting out in the community and developing supplemental fund raising activities. Mr. Scarborough noted that the Club intended to open a thrift shop as a revenue source. Council Member Hart advised that the Boys and Girls Club is nationally recognized; and after one year of self -subsidy, they would become eligible for national financial assistance. Council Member Swerdlin agreed that the Club had seen significant changes in their leadership and in the children that are participating. Mr. King noted that the Club serves about 160 children total, or about 80-100 per day. Allocation of Funding for the Boys and Girls Club: It was moved by Council Member Hart, seconded by Council Member Campbell, and unanimously carried that $2,000 be allocated from the Community Promotions budget to the Boys and Girls Club. r • • . u tel�c Council Member Campbell noted the tour she was given of the Corridor and the concerns she discussed with TCA representatives regarding trees. She indicated that City Council Minutes -22- 9/19/95 383 a report would be provided to Council regarding the completion dates for all of the ' tollways. b. Southeast Regional Reclamation Authority (SERRA) (01 40.60) Council Member Jones noted that minutes of the last meeting would be provided to Council in their slots. c. San Juan Basin Authority(1050,60) Council Member Jones noted that minutes of the last meeting would be provided to Council in their slots. Council Member Hart noted that 58% of the cities in Orange County had voted to participate in the authority and that there would be major changes in service. •ION •• 13 •� '1 :1 ' Council Member Swerdlin stated that he would attend the investment policy meeting of the Authority on September 21, at which he intended to push a very conservative platform. Council Member Hart advised that the Governors of Oklahoma and California would be in attendance at a ceremony on September 28 at Coto de Caza to recognize the assistance by Orange County firefighters during the Oklahoma City bombing tragedy. Council Member Jones noted the Center's annual fund raiser and barbecue to be held at the Center on September 23 at 3:00 p.m. CLOSED SESSION (610,85) Council recessed to a Closed Session at 10:50 p.m. for: Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as Hassett v. City of San Juan Capistrano; 2. Conference with Legal Counsel, E7dsting Litigation, per Government Code Section 54956.9, for the case known as Romer v. Gresham; City Council Minutes -23- 9/19/95 384 Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in two cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases, 4. Liability Claims per Government Code Section 54956.95, San Juan Partners claimant, against City of San Juan Capistrano; and S. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with the Classified Employees Association and the Management Employees Association. The City Clerk was excused therefrom, and the meeting reconvened at 11:36 p.m. COUNCIL ACTION FOLLOWING CLOSED SESSION Mr. Denhalter advised there was no action to report on any of the items. FiVIDSIUMAJO There being no further business before the Council, the meeting was adjourned at 11:36 p.m. to the next regular meeting date of Tuesday, October 3, 1995, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, I F1S'WrpN, ATTEST: CAROLYN N SH, MAYOR City Council Minutes -24- 9/19/95