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93-1019_CC_Minutes_Regular Meeting113 OCTOBER 19, 1993 ' 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 Jones at 7:06 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Paul Hall of the Capistrano Valley Baptist Church. ROLL CALL: PRESENT: Gil Jones, Mayor Collene Campbell, Council Member Gary L. Hausdorfer, Council Member Carolyn Nash, Council Member Jeff Vasquez, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that ' all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION - CAPTAIN DOUG STORM FOR SERVICE TO THE CITY OF SAN JUAN CAPISTRANO (610.40) Written Communication: Report dated October 19, 1993, from the Council Services Manager, regarding Captain Doug Storm's reassignment to the Regional Narcotics Suppression Program in Santa Ana. Mayor Jones presented a City plaque to Captain Storm in appreciation for his five years of service to the City as Captain at the Laguna Niguel Substation. Captain Storm thanked the City Council for their support and spoke regarding the efforts of law enforcement in the City. 2. ACCEPTANCE OF DONATION (SHIG KINOSHITA) (61040) Written Communication: Report dated October 19, 1993, from the Council Services Manager, regarding the donation of a portable police scanner by Shig Kinoshita to the Associated Senior Action Program (ASAP) for use in their van. It was a consensus of the Council that the donation of a portable police scanner be accepted. Mayor Jones expressed appreciation to Mr. Kinoshita for his donation and noted the ASAP members in attendance. City Council Minutes -1- 10/19/93 114 3. ACCEPTANCE OF DONATION (WOMAN'S CLUB OF SAN JUAN CAPISTRANO) (610.40) Written Communication: Report dated October 19, 1993, from the Council Services Manager, regarding the donation of $500 by the Woman's Club of San Juan Capistrano to the City's At -Risk Youth Programs. It was a consensus of the Council that the donation be accepted. Mayor Jones expressed appreciation to Mrs. Lee Buser, President of the Woman's Club, who was in attendance. URGENCY ITEMS DESIGNATING "NO SKATEBOARDING" AREA - DOWNTOWN BUSINESS DISTRICT AND LOS RIOS HISTORIC DISTRICT (590.10) Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried to Find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Written Communication: Report dated October 19, 1993, from the Director of Engineering and Building, recommending that the Downtown Business District and the Los Rios Historic District be designated as "No skateboarding" areas. Mr. Scarborough explained that the urgency of this item was in response to concerns expressed by merchants in those areas and the Sheriff's Department recommendation that the areas around the Los Rios Historic District and Verdugo Street be posted for no skateboarding. Council Member Vasquez felt it was premature to prohibit skateboarding in the Los Rios Historic District until more study was done to determine exactly which areas needed to be posted. He noted that the Los Rios District was a large area and expressed concern with citing isolated skateboarders that use their boards for transportation. Mr. Scarborough explained that the proposed Resolution would authorize the City Manager/CRA Executive Director to determine the specific locations for posting of "No skateboarding" signs when specific needs arose. To resolve Council Member Vasquez' concerns, he suggested that the Council provide their concurrence on specific posting locations. Adoption of Resolution Prohibiting Skateboarding in the Downtown Business District and the Los Rios Historic District: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO 93-10-19-1. NO SKATEBOARDING AREA - DOWNTOWN BUSINESS DISTRICT AND LOS RIOS HISTORIC DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA FOR THE DOWNTOWN BUSINESS DISTRICT AND LOS RIOS HISTORIC DISTRICT PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE The motion carried by the following roll call vote: City Council Minutes -2- 10/19/93 0 AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones NOES: Council Member Vasquez ABSENT: None The City Manager was directed to notify the City Council of specific areas to be posted for "No skateboarding." CAPISTRANO UNIFIED SCHOOL DISTRICT REQUEST FOR CITY COUNCIL POSITION RE: PROPOSITION 174, SCHOOL VOUCHER INITIATIVE (6S0.30) Finding for Consideration of Off -Agenda Item: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mr. Scarborough stated that the City had received a request from Marlene Draper, President of the School Board, for the City to endorse a "no" vote on Proposition 174, the School Voucher Initiative on the November 1993 ballot. Council Member Nash stated she would not support the request because she felt it was not in the Council's purview to address this item as it was primarily a school district issue. Endorsement of "No" Vote for Proposition 174: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the City Council support the Capistrano Unified School District in its opposition to Proposition 174, the School Voucher Initiative. The motion carried by the following roll call vote: AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones NOES: Council Member Nash ABSENT: None ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) None. CONSENT CALENDAR It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: NOES: ABSENT: City Council Minutes Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones None None 52 10/19/93 115 116 1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF SEPTEMBER 21,199 The Minutes of the Regular Meeting of September 21, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF SEPTEMBER 21. 1993 The Minutes of the Regular Meeting of September 21, 1993, were approved as submitted. 3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF SEPTEMBER 30. 1993 (350.30) The City Treasurer's Report of Investments as of September 30, 1993, in the total amount of $16,780,655.38 was received and filed. 4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated October 19, 1993, from the Planning Director, advising that two new development applications were received by the City since the last report of September 21, 1993, was received and filed. 5. AMENDMENT TO APPENDIX A OF THE LOCAL CONFLICT OF INTEREST CODE - DESIGNATED POSITIONS (640.40) As set forth in the Report dated October 19, 1993, from the City Clerk, the Amendment to Appendix A of the Local Conflict of Interest Code was approved, reflecting the reorganization of the City's commissions and committees and amendments to the Classification Compensation Plan. 6. RESOLUTION DECLARING VACANCIES ON COMMISSIONS/COMMITTEES (110.40) As set forth in the Report dated October 19, 1993, from the Council Services Manager, the following Resolution was adopted declaring all positions on commissions and committees to be vacant and directing all members be appointed on an interim basis until the effective date of new appointments or until the Council action to dissolve the commission, board, or committee becomes effective: RESOLUTION NO. 93-10-19-2. DECLARATION OF VACANCIES TO CITY'S COMMISSIONS, BOARDS. AND COMMITTEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING VACANCIES ON THE CITY'S COMMISSIONS, BOARDS, AND COMMITTEES PUBLIC HEARINGS 1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED STANDARD LEASE DOCUMENT AND RENT SCHEDULE FOR THE THIRTEEN LITTLE HOLLYWOOD RESIDENCES (400.20) Proposal: Consideration of a standard lease agreement and rent schedules for the thirteen Little Hollywood residences upon completion of each unit's rehabilitation. The new rents would be based on 25% of gross income, with a utility allowance of 5%. City Council Minutes -4- 10/19/93 117 Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there was no response. Continuation of Public Hearine: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and unanimously carried that the public hearing be continued to the meeting of November 2, 1993. 2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - PROPOSED DEVELOPMENTOF LINCOLN/MERCURYAUTOMOBILE DEALERSHIP LOCATED ON THE EAST SIDE OF VALLE ROAD WITHIN THE CENTRAL REDEVELOPMENT PROJECT AREA (FORD LEASING DEVELOPMENT COMPANY) (ARCHITECTURAL CONTROL 88-1) (400.20/410.60) Council Member Campbell indicated she would abstain in this matter because she had a potential conflict of interest due to the proximity of her residence to this project. Proposal: Consideration of a request from Ford Leasing Development Company for the Community Redevelop- ment Agency's assistance on all public improvements required as conditions of approval for their ' development, Architectural Control 88-1, San Juan Lincoln/Mercury. The cost to meet all the conditions of approval totals approximately $542,920, and includes installation of a traffic signal at Valle Road and San Juan Creek Road. The assistance would be in the form of sales tax reimbursements to be made from sales tax generated by the site after completion of the dealership. Written Communication: Report dated October 19, 1993, from the Director of Administrative Services, recommending that Agency assistance be provided for those costs which benefit the entire project area and neighboring areas in the amount of $241,360, and forwarding an Owner Participation Agreement with Ford Leasing Development Company to provide for the applicant's reimbursement for the installation of specified public improvements. Ms. Pendleton made an oral presentation and noted that the reimbursement to the applicant through the general of sales tax would occur over a five-year period to fund these improvements. Public Hearin ¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Council Discussion: Council Member Vasquez felt that sales tax revenue that would accrue to the City should not be given away to support this dealership. He recommended that the applicant construct the improvements when the value of the dealership reaches the amount needed to fund the improvements. Adoption of Resolution Approving the Owner Participation Agreement with Ford Leasing Development Company: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: City Council Minutes -5- 10/19/93 Written Communication: ' Report dated October 19, 1993, from the Director of Administrative Services and the Planning Director, recommending that the standard lease agreement and rent schedules be approved. Mayor Jones noted that the hearing would be continued at the request of staff. Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there was no response. Continuation of Public Hearine: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and unanimously carried that the public hearing be continued to the meeting of November 2, 1993. 2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - PROPOSED DEVELOPMENTOF LINCOLN/MERCURYAUTOMOBILE DEALERSHIP LOCATED ON THE EAST SIDE OF VALLE ROAD WITHIN THE CENTRAL REDEVELOPMENT PROJECT AREA (FORD LEASING DEVELOPMENT COMPANY) (ARCHITECTURAL CONTROL 88-1) (400.20/410.60) Council Member Campbell indicated she would abstain in this matter because she had a potential conflict of interest due to the proximity of her residence to this project. Proposal: Consideration of a request from Ford Leasing Development Company for the Community Redevelop- ment Agency's assistance on all public improvements required as conditions of approval for their ' development, Architectural Control 88-1, San Juan Lincoln/Mercury. The cost to meet all the conditions of approval totals approximately $542,920, and includes installation of a traffic signal at Valle Road and San Juan Creek Road. The assistance would be in the form of sales tax reimbursements to be made from sales tax generated by the site after completion of the dealership. Written Communication: Report dated October 19, 1993, from the Director of Administrative Services, recommending that Agency assistance be provided for those costs which benefit the entire project area and neighboring areas in the amount of $241,360, and forwarding an Owner Participation Agreement with Ford Leasing Development Company to provide for the applicant's reimbursement for the installation of specified public improvements. Ms. Pendleton made an oral presentation and noted that the reimbursement to the applicant through the general of sales tax would occur over a five-year period to fund these improvements. Public Hearin ¢: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Council Discussion: Council Member Vasquez felt that sales tax revenue that would accrue to the City should not be given away to support this dealership. He recommended that the applicant construct the improvements when the value of the dealership reaches the amount needed to fund the improvements. Adoption of Resolution Approving the Owner Participation Agreement with Ford Leasing Development Company: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: City Council Minutes -5- 10/19/93 118 RESOLUTION NO. 93-10-19-3. DETERMINATION THAT PUBLIC IMPROVEMENTS BENEFIT THE PROJECT AREA AND APPROVAL OF AN OWNER PARTICIPATION AGREEMENT FOR REIMBURSEMENT OF CERTAIN PUBLIC IMPROVEMENTS -FORD LEASING DEVELOPMENT COMPANY (SAN JUAN LINCOLN/MERCURY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON OR ADJACENT TO THE SITE IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS; AND APPROVING AN OWNER PARTICIPATION AGREEMENT FOR REIMBURSEMENT OF CERTAIN PUBLIC IMPROVEMENTS, FORD LEASING DEVELOPMENT COMPANY (SAN JUAN LINCOLN/MERCURY) The motion carried by the following vote: AYES: Council Members Hausdorfer, Nash, and Mayor Jones NOES: Council Member Vasquez ABSTAIN: Council Member Campbell ABSENT: None RECESS AND RECONVENE Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:36 p.m. ADMTMSTRATIVE ITEMS CITY MANAGER 1. AMENDMENT TO CLASSIFICATION/COMPENSATION PLAN ADDING ONE POSITION - PUBLICATIONS SPECIALIST (700.20) Written Communication: Report dated October 19,1993, from Julia Kimminau, Management Assistant, recommending that a new position, Publications Specialist, be added to replace the Graphic Illustrator position to reflect the additional duties of writing and tent editing. The proposed salary range is $2,815 to $3,520 per month, a 4.5% increase from the current position. Council Member Vasquez commended the work of Greg Murray, the City's Graphic Illustrator. Resolution Creating New Position, Publications Specialist: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: City Council Minutes -6- 10/19/93 119 RESOLUTION NO. 93-10-19-4. AMENDING RESOLUTION NO. 91-9-17-7. THE ' CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (PUBLICATIONS SPECIALIST) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 91-9-17-7, TH E CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN, CREATING ONE POSITION - PUBLICATIONS SPECIALIST The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 2. REQUEST FOR PLACEMENT OF "NO SOLICITING" SIGNS - ALIPAZ PLAZA, 31952 DEL OBISPO STREET (585.10) Written Communication: Report dated October 19, 1993, from Jennifer Murray, Assistant to the City Manager, forwarding a resolution to allow posting of bilingual "No Soliciting" signs at all three entrances to Alipaz Plaza, pursuant to the request by Yolanda Zanchi, the owner of Alipaz Plaza. Adoption of Resolution Authorizing "No Soliciting, Signs at Alipaz Plaza: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the ' following Resolution be adopted: RESOLUTION NO. 93-10-19-5. ESTABLISHING "NO SOLICITING" - ALIPAZ PLAZA -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO SOLICITING" AT ALIPAZ PLAZA PURSUANT TO CHAPTER 24, TITLE 5 OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None DFRECFOR OF PLANNING SERVICES 1. APPEAL OF PLANNING COMMISSION DECISION OF AUGUST 24. 1993. REQUIRING INSTALLATION OF SIDEWALK ON SOUTH SIDE OF VIA ESCOLAR, ARCHITECTURAL CONTROL 85-7 MODIFICATION (COAST BIBLE CHURCH/STONEYBROOKE CHRISTIAN SCHOOL) (TO BE CONTINUED TO NOVEMBER 2. 1993) (410.60) Written Communication: Report dated October 19, 1993, from the Planning Director, recommending that the appeal of the Planning Commission's action of August 24, 1993, be continued to the meeting of November 2, 1993. The appeal specifically challenged a condition imposed on the approval of Architectural Control 85-7 City Council Minutes -7- 10/19/93 120 Modification which required the applicant to construct a sidewalk along the north side of the property fronting Via Escolar. The applicant appealed this condition because of cost, gaps between portions of the sidewalk, and the usefulness of the sidewalk. Staff recommended that the appeal be continued to allow staff to work with the applicant on resolving the sidewalk issue. Continuation of Item: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that this item be continued to the meeting of November 2, 1993. 2. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT FOR MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM. AFFORDABLE HOUSING FOR FIRST- TIME BUYERS (COUNTY OF ORANGE) (600.50) Written Communication: Report dated October 19, 1993, from the Planning Director, recommending that the City enter into a Cooperative Agreement with the County to participate in a Mortgage Credit Certificate Program which would provide assistance for first-time home buyers, at no cost to the City. The program would provide a federal tax credit, which would increase a Mortgage Credit Certificate holder's spendable income and ability to afford a mortgage payment for single-family detached homes, condominiums, or townhomes. The City would also have the option, under this Agreement, to provide down payment assistance to residents and/or buyers purchasing a home in San Juan Capistrano. Participation in this program would assist the City in meeting the requirements of the Housing Element and the use of the 20% set-aside funds for the benefit of low- and moderate -income residents and could be integrated into the City's Neighborhood Preservation Program. Adoption of Resolution Approving the Cooperative Agreement with the County for Participation in a Mortgage Credit Certificate Program: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 93-10-19-6. APPROVAL OF COOPERATIVE AGREEMENT FOR MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST TIME HOMEBUYERS (COUNTY OF ORANGE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE FOR A MORTGAGE CREDIT CERTIFICATE PROGRAM TO ASSIST FIRST-TIME HOMEBUYERS The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 3. FORMATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PARTICIPATION PROGRAM - FISCAL YEAR 1994-95 APPLICATION COMMITTEE (480.20) Written Communication: Report dated October 19, 1993, from the Planning Director, recommending that a Community Development Block Grant Committee be formed to evaluate and recommend projects for the Community Development Block Grant application for fiscal year 1994-95. The Committee is to be made City Council Minutes -8. 10/19/93 121 up of one member from the Los Rios Review Committee, one member from the Mobile Home Park Review Committee, one member from the Planning Commission, and two members from the community at -large. Appointment of Committee Members: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the following persons be appointed to the Community Development Block Grant Committee for fiscal year 1994-95: (1) Diane Bathgate (Planning Commission) (2) Bill Hardy (Los Rios Review Committee) (3) Thomas Erin (Mobile Home Park Review Committee) (4) Pamela Gibson (community at -large) (5) Second community -at -large position to be considered on November 2, 1993, if necessary. WRECI'OR OF ENGINEERING AND BUILDING SERVICES 1. REVIEW OFSANJOAOUINHILLS TRANSPORTATION CORRIDOR DRAFT RANCHO VIEJO ROAD CONCEPT PLAN, AUGUST 1993 (820.20) Written Communications: (1) Report dated October 19, 1993, from the Director of Engineering and Building, forwarding a resolution approving the Draft Rancho Viejo Road Concept Plan subject to conditions regarding grading, noise attenuation, Alternate "A" alignment for the proposed equestrian feeder trail, landscaping, and retaining walls. (2) Alternate recommendation by staff supporting the Alternative 3 alignment for the Corridor, which would relocate the northbound connector north of Avery Parkway and avoid the realignment of Rancho Viejo Road. The alternate recommendation included an additional condition to the resolution requiring reimbursement to the City for all costs of processing the various documents required. Presentation by Transoortation Corridor Agency: Gene Foster, Project Manager for the San Joaquin Hills Transportation Corridor Agency, summarized the Corridor's proposed connection to Interstate 5 within San Juan Capistrano. He explained that the Concept Plan was submitted pursuant to Visual Resources Mitigation Measure 15-26 to mitigate the potential impacts with the realignment of Rancho Viejo Road. He spoke regarding Rancho Viejo Road's proposed four -lane configuration based on traffic counts taken this year, proposed 1:1 geogrid slope at Spotted Bull, construction phasing, and noise mitigation measures. Greg Henk, Executive Vice President for Design for the Transportation Corridor Agency, made the following comments regarding the conditions proposed by staff in the Draft Resolution supporting the proposed Concept Plan: Condition #2: The Transportation Corridor Agency has not yet had an opportunity to review the addresses to determine if they meet the criteria for noise attenuation building modifications proposed by staff. Condition #3: The acquisition of an casement for the equestrian trail goes beyond the scope of this project and has not been included in any of the Transportation Corridor Agency's plans to date. City Council Minutes -9- 10/19/93 122 Condition #4: The Transportation Corridor Agency will work closely with the City on the landscaping requirement. Condition #5: The Transportation Corridor Agency will work with Caltrans regarding design, texture and color of retaining walls along 1-5 as this area is under the control of Caltrans and not the Transportation Corridor Agency. Condition #6: The landscaping of the confluence median needs to be assessed as it is presently unknown whether the median will be available for landscaping and the Agency cannot assure compliance with this item. Condition #7: The Transportation Corridor Agency or Caltrans cannot commit to entering into an agreement with the City to transfer landscape maintenance authority to the City and to fund this maintenance since the Transportation Corridor Agency is prohibited under State law from funding maintenance projects. The Transportation Corridor Agency will work with the City and Caltrans on this matter. Condition #10 (new): The Transportation Corridor Agency agrees to reimburse the City for any permit fees associated with the Rancho Viejo Road realignment. Exhibit A, Planning Commission Condition #3: The Transportation Corridor Agency feels that extensive study has been done on the issue of sound attenuation and the studies to date have been adequate, but the Agency will work with the City if there is a need for new data. Mr. Scarborough noted that staff agreed with the Agency with regard to Condition #10 that only the costs incurred from the date of approval of a Concept Plan should be reimbursed to the City by the Transportation Corridor Agency, and no prior costs to date. Mr. Henk advised that the Agency would reimburse the City for costs the City felt appropriate in processing permit fees and they would cover administrative costs. Staff Comments: Mr. Huber reviewed the proposed conditions in the Draft Resolution and made the following comments regarding issues still outstanding and of concern to City staff: Condition #1: Noted the staff recommendation to grade the Spotted Bull Lane hillside to a maximum of 1:1 slope, stabilized with geogrid. Staff felt this recommendation best addressed the aesthetic issues of the City, and provided a more natural slope. He noted the difference from the Planning Commission recommendation to review alternatives to the 1:1 geogrid. He advised that a number of wall systems had been considered which would take less right-of-way, however, those systems could not be planted adequately, maintained as well or look as attractive. Condition #2: Regarding noise attenuation measures, staff felt that although sound walls cannot effectively mitigate noise impacts to other residential units in the Spotted Bull area, other measures could be taken, such as double -pane windows and insulation to mitigate noise from the interior of residences. He noted that these residences already experience excessive noise levels from the freeway. City staff supports the Planning Commission recommendation to extend the sound attenuation wall southward at Spotted Bull. Condition #3: City staff felt is was the Transportation Corridor Agency's responsibility to complete construction of the equestrian feeder trail to the Spotted Bull area, as it would be inappropriate to construct a partial trail. City Council Minutes -10- 10/19/93 123 Condition #4: Staff would like to see a plan showing conceptual landscape layouts; staff also ' felt that much of the Transportation Corridor Agency's proposed native hydroseeding would be inadequate and that the landscaping should include more trees and shrubs, similar to the Marbella development. Condition #5: Staff felt landscaping of the retaining walls was a significant issue. Mr. Huber felt it was an acceptable amendment proposed by the Transportation Corridor Agency to the condition to work with Caltrans on this issue, since the Transportation Corridor Agency does not have this responsibility. He noted staff wanted every opportunity to encourage Caltrans to provide intense landscaping to mitigate the visual impacts of the walls. Condition #6: Staff felt landscaping of the confluence median was also significant and would work with the Agency and Caltrans, realizing that median landscaping was Caltrans' responsibility. Condition #7: Staff felt an agreement with TCA and Caltrans was necessary regarding maintenance issues and other issues related to the Corridor and the freeway. He felt that Transportation Corridor Agency Staff could work with the City to help negotiate an agreement with Caltrans allowing the City to provide maintenance services with reimbursement from Caltrans. Condition #S: This condition added language referencing the City's processing procedures. Condition #9: This condition refers to the inclusion of conditions imposed by the various commissions. ' Mr. Huber explained that Alternative 3 for the northbound Corridor connector has not been thoroughly reviewed by City or Transportation Corridor Agency staff at this time and read aloud the alternate recommendation by staff in support of Alternative 3. Public Comments: (1) Bob King, 29422 Spotted Bull Way, president of Save Our San Juan (SOS), stated that he spoke on behalf of SOS and selected residents of the Spotted Bull area, Village San Juan, Capistrano Royale, Country Hills, and Mission Hills. He submitted a package to the Council containing: (a) Letter dated October 19, 1993, to the City Council from SOS, stating their position that the City Council should reject the Rancho Viejo Road Concept Plan; that if Council does accept the plan, certain conditions should be required; and, supporting the Alternative 3 alignment for the northbound connector of the Corridor. The letter further requested that any action by the Council be postponed until a thorough study has been completed on Alternate 3. Reasons listed for opposing the proposed Concept Plan included lack of adequate public participation and notification, negative impacts on San Juan Capistrano, potential circulation problems on Rancho Viejo Road, the need to keep pedestrian walkway open during construction, proposed trail alignment, joint use of the trail and a request that Council Member Hausdorfer abstain because of a conflict of interest. (b) Letter dated August 21, 1993, from SOS to the Transportation Corridor Agency, requesting the Transportation Corridor Agency's consideration of Alternative 3. ' (c) Letter dated June 26, 1993, from SOS to the Mayor, requesting that the City Council adopt Alternative 3 and aggressively work with the Transportation Corridor Agency (TCA) to gain its acceptance of the proposal. City Council Minutes -11- 10/19/93 124 (d) Appeal dated September 29, 1993, from SOS of the Traffic and Transportation Commission's action on September 8, 1993, regarding the Draft Rancho Viejo Road Concept Plan. (e) Letter dated February 26, 1991, from SOS to Steve Letterly, Manager of Environ- mental Impact for the Transportation Corridor Agencies, and John Cox, Chairman of the San Joaquin Hills Transportation Corridor Agency, setting forth their opposition to the certification of the Corridor's EIR. Mr. King read his letter dated October 19, 1993, referenced above. He urged that the City, and not the Transportation Corridor Agency, determine whether Alternative 3 was feasible. He expressed concern that this issue remain in the public view and with the City Council at all times. He felt that the City was being "stonewalled" by the Transportation Corridor Agency in this matter and noted the efforts of other cities in protecting its citizens. He noted that the Transportation Corridor Agency has not completed its study of Alternative 3 despite receiving the proposal in July 1993. If the proposed Concept Plan is approved, he stated there was no other recourse for residents other than a legal challenge. He spoke regarding the uniqueness of the City in controlling its growth and protecting its character. (2) Mike Redding, 27592 Pasco Castillo, stated that he and many other residents have been opposed to the toll road since its inception. He felt that the northbound connector should be moved into Mission Viejo and requested that residents be notified of any actions in this matter. He concurred with the comments made by Mr. King. (3) D. J. Daniel, Jr., 29570 Spotted Bull Lane, spoke regarding the potential grading impacts to his backyard from the proposed Concept Plan. He noted that one earlier proposal would have taken only 20 feet of his property, while the proposed plan with a 1:1 slope would take approximately 53 feet. He stated that his attorney advised that the taking of private property should occur with the least private injury, but that the proposed plan maximizes the injury to his property. He recommended that Condition #1 be modified to require additional study of retaining alternatives to minimize the taking of his property. He noted that the proposed taking of his property would reduce his property down to 3/4 acres, which would violate City standards for equestrian properties. (4) Nancy King, 29422 Spotted Bull Way, spoke regarding the unique character of San Juan Capistrano and its tradition of working with residents. She felt this project was as important to the City as its open space and the Historic Town Center project. She urged the Council's opposition to the proposed Concept Plan. (5) Bob Sweeney, 26442 Woodcrest Lane, concurred with the comments made by Mr. King and spoke in support of Alternative 3. He urged that the Council take a strong position in moving the northbound connector north into Mission Viejo. He noted that property values would be negatively impacted by this project. (6) Abbie Gail Weiser, 31201 Paseo Acacia, representing San Juan Beautiful, Inc., indicated their support of Alternative 3. (7) Sandy Rodrigues, 27021 Mission Hills Drive, urged that the Transportation Corridor Agency give full consideration to Alternative 3, particularly because of the equestrian nature of the affected areas. (8) Samuel Nuckols, 26382 Laurelwood Lane, concurred with the comments made by Mr. King and urged that the uniqueness of San Juan Capistrano be protected. City Council Minutes -12- 10/19/93 125 (9) Ed Kendzierski, 29151 Country Hills Road, concurred with the comments made by Mr. King. He felt that the residents of Country Hills Road who face the freeway should be compensated, either monetarily or with double -pane windows, to offset the negative impacts from this project. He voiced his support for Alternative 3. (10) Steve Dafnis, 29542 Spotted Bull Lane, noted that approximately 10,000 square feet of his property would be taken by the proposed Concept Plan and 1:1 slope grading. He felt the Transportation Corridor Agency should take additional sound studies on this property and possible construct a wall on the bottom portion of his property up toward Spotted Bull Lane. (11) Stan Kensic, 31212 Belford Drive, representing Friends of Historic San Juan, cited opposition to the proposed Concept Plan, stating it would destroy the historic character of the City. (12) Joe Soto, 29311 Spotted Bull Way, felt there was much confusion among residents as to what the proposed Concept Plan would actually look like when completed and expressed concern that the computer renderings on display were misleading and not accurate. He recommended that the City Council reject the proposed plan until all concerns have been addressed and/or clarified. Mayor Jones noted written comments and questions submitted by Marilyn Buerkens, 26512 Bay Tree Road, who declined to speak, and directed staff to respond to her comments. In addition, the following persons had requested to speak on this item but declined to speak when called upon by Mayor Jones: Larisa Safford, Larry Nees, Meryl Sweeney, Berry Fiess, Melissa Kay Young, Kathleen Young, and Joel Atkins. Council Comments/Motion to Su000rt Alternative 3 (Withdrawn): ' In response to Mr. King's assertions in his letter of October 19, 1993, Council Member Hausdorfer stated that the Transportation Corridor Agency and the Orange County Transportation Authority were not involved in a merger. In addition, he stated he had no perceived or real conflict of interest in this matter, upon the advice of attorneys, and that he intended to fully participate. He stated his view that this was a concept plan only, not a specific plan, and he supported taking action at this time to push the issues ahead to get answers, noting that a specific plan must come back to the Council in the future. He stated he did not personally like sound walls but that the Council had received many letters from residents who supported installation of sound walls and that Council did not have a clear direction from residents regarding the sound wall issue. It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the City Council support Alternative 3 alignment which would relocate northbound connector north of Avery Parkway and avoid realignment of Rancho Viejo Road. If, after thorough evaluation, Alternative 3 is determined to be infeasible and Rancho Viejo Road can be realigned by the Transportation Corridor Agency, then the City Council requests the Rancho Viejo Road Realignment Concept plan be returned to the City Council with staff recommended alternative and conditions. Further, the Transportation Corridor Agency shall reimburse the City for all costs for processing of the various documents required by the Concept Plan, including administrative costs and include direction that staff shall work with property owners to minimize the taking of property. Council Member Campbell stated that the City should have had the results of an Alternative 3 study by this time; that the City would get the necessary answers. Council Member Nash sympathized with the concerns expressed by residents and noted that the City has been attempting to obtain the best alternative for the Rancho Viejo realignment since July 1993. She stated she definitely supported Alternative 3 and any method of moving that road forward. She noted the various possibilities that had ' been studied for the road, including leaving it a two-lane road. She stated that a two-lane road made no significant difference on the amount of property that would be taken from the Spotted Bull area. She further advised that through traffic studies she had become convinced that a four -lane road was City Council Minutes -13- 10/19/93 126 necessary there. She recommended that this item be continued until many of the issues raised have been clarified to ensure that the right decision is made and that Alternative 3 is thoroughly analyzed by City and Transportation Corridor Agency staff. She felt that the City should be the determining body to decide what is feasible. Council Member Vasquez stated that he has always opposed the toll road and supported the concept of moving the connector northward. He supported the City obtaining a contract from the Transportation Corridor Agency agreeing to the conditions recommended by the City for any alternative. He discussed figures received regarding projected and real revenue received to repay the bond indebtedness, stating it appeared there were financial problems. He felt that economics would decide how the toll road is funded or whether it would even be constructed. He suggested that noise mitigation measures be thoroughly studied. He felt that acceptance of the proposed Concept Plan at this time could jeopardize the City's legal position and its ability to have any influence in the matter in the future if Alternative 3 were found to be infeasible. He concurred with Council Member Nash's recommendations. Mayor Jones agreed that Alternative 3 should be studied and analyzed thoroughly to determine its feasibility, all necessary mitigation measures, and its visual impacts. He suggested that the motion be modified to continue this item to allow thorough review and input. He felt that the proposed Concept Plan was the best of the alternatives at this time until a conclusion is reached on Alternative 3. After discussion among the Council Members regarding the wording of Council Member Hausdorfer's motion, with the concurrence of the second, Council Members Hausdorfer withdrew his motion. Continuation of Item: It was moved by Mayor Jones, seconded by Council Member Nash, and unanimously carried that this item be continued until the Transportation Corridor Agency provides the City with an analysis of Alternative 3; and if Alternative 3 is found to be infeasible, the Rancho Viejo Road Concept Plan should be resubmitted to the City Council for review. Council Member Nash urged residents to contact Council Members regarding their preference for sound walls or other noise mitigation measures. RECESS AND RECONVENE Council recessed at 9:50 p.m. and reconvened at 9:57 p.m. 2. REQUEST FOR AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS - SPORTS PARK PLANS AND SPECIFICATIONS. ARCHITECTURAL CONTROL 93-5 (600.30) Written Communication: Report dated October 19, 1993, from the Director of Engineering and Building, recommending that authorization be given to advertise for and receive bids for Phase I of the Kinoshita Farm Sports Park improvements, including utilities and infrastructure serving the Community Center and overall park, as well as Agricultural Preservation items. Authorization to Advertise and Receive Bids for Phase I of Sports Park: It was moved by Council Member Campbell, seconded by Council Member Vasquez, and unanimously carried that staff be authorized to: (1) Advertise for and receive bids for Phase 1 of the Kinoshita Farm Sports Park, inclusive of additive alternates; City Council Minutes -14- 10/19/93 11 n (2) (3) ORDINANCES Utilize a portion of the funds allocated for site preparation and utilities for the Community Center at this time; and Construct Agricultural Preservation items funded by Agricultural Preservations fees with Phase I construction. 1. APPROVING REZONE 90-7 TO ALLOW AUTOMOBILE DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA) (460.20) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the following Ordinance be adopted: ORDINANCE NO. 737, APPROVING REZONE 90-7 AND CERTIFYING MITIGATED NEGATIVE DECLARATION - AMENDING SAN JUAN GATEWAY SPECIFIC DEVELOPMENT PLAN TO ALLOW AUTOMOBILE DEALERSHIP (KEMPER/TOYOTA) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND AMENDING SPECIFIC DEVELOPMENT PLAN 90-3 FOR SAN JUAN GATEWAY TO ALLOW AUTOMOBILE DEALERSHIP AS A PERMITTED USE (KEMPER/TOYOTA) The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Vasquez, and Mayor Jones NOES: Council Member Nash ABSENT: None 2. AMENDING TITLE 5 OF THE MUNICIPAL CODE - ADDING CHAPTER 25 RELATING TO ABANDONMENT OF SHOPPING CARTS (585.10) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Mayor Jones noted that staff had requested a continuance of this item to meet with representatives of the California Grocers Association to discuss this matter further. Council Member Vasquez felt that a brief wording of the new regulations should be imprinted, in both English and Spanish, on every shopping cart to inform residents that might not be aware of their illegal actions in taking a cart home. Mr. Denhalter noted that State law limits what the City can mandate on carts, in that only the owner's identification is required, and that costs for the owners of the carts should be taken into consideration. City Council Minutes -15- 10/19/93 127 12� Continuation of Item: _ It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that this item be continued to the meeting of November 2, 1993, for staff to meet with representatives of the California Grocers Association on October 21, with the discussion to include consideration of imprinting a bilingual explanation of the new law on each cart. The City Attorney was directed to provide a report on alternatives to the bilingual explanation. 3. AMENDING TITLE 2 OF THE MUNICIPAL CODE - APPOINTMENTS. DUTIES. AND RESPONSIBILITIES OF COMMISSIONS AND BOARDS (110.10) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following Ordinance be adopted, as amended to delete technical requirements which will be compiled into a Council Policy: ORDINANCE NO. 738, AMENDING TITLE 2 OF THE MUNICIPAL CODE - APPOINTMENTS. DUTIES.AND RESPONSIBILITIES OFCOMMISSIONS AND BOARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 2 (COMMISSIONS AND BOARDS) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - APPOINTMENTS, TERMS OF OFFICE, COMMISSION AND BOARD DUTIES AND RESPONSIBILITIES The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 4. AMENDING TITLE 9 OF THE MUNICIPAL CODE - DUTIES OF CERTAIN CITY - APPOINTED COMMISSIONS (420.30) (ADOPTION) Written Communication: Report dated October 19, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 5, 1993, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Nash, seconded by Council Member Campbell, that the following Ordinance be adopted: City Council Minutes -16- 10/19/93 129 ORDINANCE NO. 739. AMENDING TITLE 9 OF THE MUNICIPAL CODE - DUTIES OF CERTAIN CITY -APPOINTED COMMISSIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 (LAND USE), CHAPTER 2 (ADMINISTRATION) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO DUTIES OF APPOINTED COMMISSIONS/COMMITTEES IN ADMINISTRATION OF THE PROVISIONS OF THIS TITLE The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.20) Council Member Hausdorfer noted that the last meeting for the year was scheduled for November 4, 1993. 1. LAW ENFORCEMENT COMMUNICATION (580.10) Council Member Campbell requested that the issue of improving dispatching services for San Juan Capistrano continue to move forward. CLOSED SESSION Council recessed to a Closed Session at 10:07 p.m. for discussion of labor negotiations per Government Code Section 54957.6 and personnel matters per Government Code Section 54957, the City Clerk being excused therefrom, and reconvened at 10:30 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:30 p.m. to the next regular meeting date of Tuesday, November 2, 1993, at 7:00 p.m. in the City Council Chamber. ATTEST: GIL Respectfully submitted, CHERYL JO$4NSGLK, CITY CLERK City Council Minutes -17- 10/19/93