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).
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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
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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.
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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.
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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:
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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' (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.
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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.
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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
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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
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11111081IM971009T, MID
Mayor Nash announced that because of a staff error regarding notification, this item would be
continued to the meeting of October 3.
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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.
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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-
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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-
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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