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94-0315_CC_Minutes_Regular Meeting269 ' MARCH 15, 1994 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 Campbell at 7:02 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck of the Community Presbyterian Church. ROLL CALL: PRESENT: Collene Campbell, Mayor Gil Jones, Council Member Carolyn Nash, Council Member Jeff Vasquez, Council Member ABSENT: Gary L. Hausdorfer, Council Member 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; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Lt. Paul Sullivan, Orange County Sheriffs Department; Dawn Schanderl, Deputy City Clerk. It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that all Ordinances be read by title only. Introduction of Commissioners Present at Meeting Council Member Nash introduced the following Commission Members who present at the meeting: Dennis Paquin, Planning Commission; Pauline Leonard, Parks, Recreation and Equestrian Commission; Stan Kensic, Parks, Recreation and Equestrian Commission; Bill Sonka, Traffic Commission; Wyatt Hart, Planning Commission; David Swerdlin, Mobilehome Park Review Committee; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Kathy Holmes, Parks, Recreation and Equestrian Commission. 1e1t•bill" I[on • 0:WfiFA-V1*18j r.1V• QI•t 0Eel �':• :u N3l ul: ISI Written Communication: Report dated March 15, 1994, from Carole Jacklin, Council Services Manager, regarding the Mayor's recognition of four individuals who have recently completed training for Associated Seniors Action Program. Mayor Campbell introduced new Associated Seniors Action Program members Oscar C. Eubank, Jack Plotkin, and Shirley Saccoman; Barbara Miller was not present. Associated Seniors Action Program members in attendance were also introduced. Mayor Campbell noted there are 29 volunteers who have donated 13,000 hours to the community, saving the community $156,000. City Council Minutes -1- 3/15/94 270 ulCONTROMA 10 W161 11111; • u E1,111jr; •u: .• • . • l.lr: •. tt t • • Larry Buchheim, 31591 Paseo Don Jose, San Juan Capistrano, advised that a letter would be forthcoming from the Swallows Foundation requesting that the February 15, 1994, action to approve the expenditure of City funds for the proposed Visitor's Tourism Bureau at the Combs House be scheduled for reconsideration at the April 5th Council meeting. He took issue with the Government Code requirement that at least three affirmative votes were necessary to approve the expenditure of funds and advised that members of the Foundation would be contacting Council Member Hausdorfer regarding his opposition. Dennis Paquin, 31165 Via Cristal, San Juan Capistrano, commended the Council for their support of the Foundation and urged that all efforts be made to find a solution to the dilemma. Stan Kensic, 31212 Belford Drive, San Juan Capistrano, representing the Friends of Historic San Juan, thanked Council for the vote of confidence in the Swallows Foundation and urged that the obstacles to the City providing financial assistance be overcome. Elaine Sorgatz, 25281 Ginger Road, Lake Forest, a San Juan Capistrano business owner, spoke in support of the Foundation and their proposed use of the Combs House. Pauline Leonard, 27589 Brookside Lane, San Juan Capistrano, urged that the provision of low-income housing —_ in the City be given a high priority in the next year, citing its benefit to the City. She commended Council for appointing a staff member to deal entirely with housing issues. Eddie Tregarthen, 27625 Summerfield Lane, San Juan Capistrano, immediate past President of the Episcopal Service Alliance, noted a press clipping from 1988 which described problems in the La Zanja neighborhood. She felt San Juan Capistrano had not been able to supply the housing needs for the low- and very low-income people and only through having more affordable housing would the overcrowding be alleviated. Sylvia Stanley, 31064 Calle San Diego, San Juan Capistrano, cited opposition to City Council Resolution No. 94-1-18-4, which authorized the Homeowner Associations in the Capistrano Villas to administer an overnight parking permit program. She requested that the City postpone action to implement the program since she felt it was discriminatory, an invasion of privacy; an invasion of the public's right to use public facilities; and, endangered private property since the use of a temporary guest placard would encourage vehicle vandalism. She requested that the program be re-examined. Council Member Vasquez suggested she meet with the City Manager. Dan Hicks, 32552 Alipaz Street, San Juan Capistrano, presented a certificate from the Orange County Tobacco Use Prevention Coalition acknowledging the City's efforts in promoting a smoke-free environment. City Council Minutes -2- 3/15/94 C, J •uuu. r . r : ••.: •. •• . u: r : • :. t •t t t Al Simmons, President of the San Juan Seniors Club, 32302 Alipaz Street #135, San Juan Capistrano, presented a check in the amount of $650 from the Seniors Club, to be used toward construction of the Community Center designated in the Open Space Master Plan. Mayor Campbell noted for the benefit of the audience that the Public Hearing scheduled to consider conditions placed on Vesting Tentative Tract Map 14398, Concorde Development, would be continued to the meeting of April 5, 1994. Kenneth Combs, 27662 Dungarvin Lane, San Juan Capistrano, requested that the applicant be required to make materials available for public review 7 days prior to the public hearing. It was moved by Council Member Nash, seconded by Council Member Jones, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer The Minutes of the Regular Meeting of February 15, 1994, were approved as submitted. The Minutes of the Regular Meeting of February 15, 1994, were approved as submitted. r '•: •..I • ••ul . •. .t t The Report dated March 15, 1994, from the Planning Director, advising that no new development applications were received by the City since the last report of February 15, 1994, was received and filed. The claim received by the City on February 14, 1994, from Torson Pacific Investments, Inc. on behalf of the San Juan Hills Country Club Golf Course in the amount of $41,466.32 for property damage, was denied, as set forth in the Report dated March 15, 1994, from the City Attorney. As set forth in the Report dated March 15, 1994, from the Director of Administrative Services, a Taxi Cab Permit was approved for Yellow Cab Express, based on the company's fulfillment of all requirements of City Council Minutes -3- 3/15/94 271 272 Municipal Code Section 4-5.03. Council Member Vasquez requested enforcement of the No Parking Zones along Verdugo Street. 01110 •C•:l: t•:•:►U • :t •. 11 1 Proposal: Consideration of the Draft Rancho Viejo Road Concept Plan, dated August, 1993. The Concept Plan represents the Transportation Condor Agency's compliance with Visual Resources Mitigation Measure 15-26, which was included in the environmental impact report certification. Mitigation Measure 15-26 provides for the conceptual planning of the relocated Rancho Viejo Road and identified issues to be addressed. A_omlicant: Transportation Corridor Agency Gene Foster, Project Manager 201 East Sandpointe, Suite 200 Santa Ana, CA 92707 Written Communication: (1) Report dated March 15, 1994, from the Director of Engineering and Building, recommending acceptance of the Draft Rancho Viejo Road Concept Plan, subject to conditions regarding grading and stabilization of slopes along Spotted Bull Lane hillside; noise attenuation measures, construction of the equestrian feeder trail, landscaping, responsibility for landscape maintenance, City review process, and all conditions recommended by the City's boards and commissions. The report provided an analysis of each of the 8 issues identified for further evaluation by Mitigation Measure 15-26. (2) Letter dated March 9, 1994, from D. J. Daniel, requesting an opportunity to speak at the public hearing. (3) Revised Resolution for acceptance of the Rancho Viejo Road Concept Plan, August 1993. Exhibits were on display, and Mr. Huber made an oral presentation. He advised that when the Environmental Impact Report was approved in 1991, it was recognized that the realignment of Rancho Viejo Road would have significant impacts and therefor, Visual Resources Mitigation Measure 15-26 was included in the Environmental Impact Report. Mitigation Measure 15-26 identified 8 specific areas for review: (1) grading and landform alteration; (2) noise attenuation; (3) utility relocation; (4) roadway alignment; (5) bicycle and equestrian trails; (6) landscaping; (7) interface with Village San Juan; and, (8) visual impact analysis. Mr. Huber discussed each of the issues and the related conditions set out in the proposed resolution. With regard to the grading involved in the project, Mr. Huber noted that, with the exception of the Spotted Bull area, all grading would be done to the City's standards of 2:1 slope. At the Spotted Bull area the City standards would have required the full take of some properties. Staff reviewed various wall system alternatives, including Loffelstein walls and crib walls, but felt the 1:1 slope stabilized with geogrid was the best solution. Two sound attenuation walls will be constructed: a 9 -foot wall at the top of the slope at the rear of existing homes on Spotted Bull Lane; and a 14 -sound wall on top of a 5 -foot retaining wall along the Village San Juan frontage. Utilities will be relocated to the new alignment of Rancho Viejo Road. Traffic studies indicated there was a need for Rancho Viejo Road to be a four -lane road. Mr. Huber noted that the traffic signal at Village Road and Rancho Viejo Road would be upgraded. The Alternative A equestrian trail alignment would have constructed the trail off the road; however, due to concerns about the limits identified in the Environmental Impact Report, the Alternative B concept was chosen. Alternative B will construct the trail parallel to Rancho Viejo Road and City Council Minutes -4- 3/15/94 connect Village San Juan with the Spotted Bull trail. Mr. Huber noted that to avoid further right-of-way take ' due to the Alternative B alignment, the slope rounding will be reduced or eliminated and the bicycle trail will be reduced from 10 feet to 8 feet. Mr. Huber discussed the conditions relating to landscaping, including the freeway confluence and retaining walls, and landscape maintenance authority. With regard to interfacing with the residential areas, Mr. Huber noted that four workshop meetings had been held with residents to receive input. Extensive mailings had been done for each commission, committee, or board review of the Concept Plan. To address the visual impacts, the Concept Plan included computerized visual simulations to demonstrate how the project would appear upon completion. As a result of the computerized simulations, several conditions had been added to require additional landscaping and texturing of the sound walls. Mr. Huber advised that a revised resolution had been prepared with an added condition addressing concerns regarding the injunction against working on the middle section of the San Joaquin Hills Transportation Corridor. The condition stated that the City would rescind its approval of the Concept Plan if substantial segments of the Corridor project were eliminated. Mr. Huber related staffs opinion that the Concept Plan contained the best mitigation measures for the City and represented fulfillment of Mitigation Measure 15-26. Public Hearine: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) James Nelson, 29405 Cherrywood Lane, questioned how pedestrian traffic on Rancho Viejo Road would be accommodated; how lost equity in homes in Village San Juan and Spotted Bull would be replaced; how graffiti would be prevented; why there was a sign on Crown Valley Parkway indicating there was a "possible" Corridor crossing; and, why businesses appeared to be considered over home owners. (2) Bob Spence, 29267 Country Hills Road, questioned which home in Country Hills would receive the ' noise attenuation windows. He questioned the credibility of the Transportation Corridor Agency, advising that he had been promised a noise meter reading and noise projections, which had not been done. He felt the Agency intended to break the law with regard to noise and objected that noise mitigation in the Country Hills development had not been addressed. (3) Sandy Rodrigues, 27021 Mission Hills Drive, stated that Rancho Viejo Road did not need to be realigned. She objected to the City's use of a consultant who had a connection to the Transportation Corridor Agency to provide an analysis of the northbound connector Alternative Alignment 3. She played an answer phone tape recording from George Gallagher, representing Citizens Against the Toll Road and the Irvine Conservancy, wherein Mr. Gallagher stated he felt the City's representative to the San Joaquin Hills Transportation Corridor was not suitably representing the residents. (4) Nancy King, 29422 Spotted Bull Way, stated that the Concept Plan was different than the original Environmental Impact Report in that originally the road was to be moved slightly to the east; now it was to shift 190 feet to the east. She felt a separate Environmental Impact Report should be prepared for the Rancho Viejo Road project. She felt that the condition which would rescind approval of the Rancho Viejo Road Concept Plan if substantial segments of the Corridor were not built was not adequate and urged Council to deny the Concept Plan. (5) Carlos Negrete, 27422 Calle Arroyo, cited his support of Bob King and the statements made by residents during the Hearing. (6) Ed Kenzierski, 29171 Country Hills Road, cited concern that the Country Hills development had not been included in the noise attenuation measures. City Council Minutes -5- 3/15/94 273 274 (7) Yasuo Kurara, 29532 Spotted Bull Lane, spoke in opposition to the realignment particularly since it would mean a loss of his property and parking. (8) Bob King, 29422 Spotted Bull Way, on behalf of Save Our San Juan, presented 4 loose-leaf, 3 -ring binders purported to be a complete copy of Save Our San Juan's project record. He presented a letter dated March 14, 1994, from Save Our San Juan to the City Council listing the documents in the organization's project record and setting out their position on the project. He also presented copies of : (l) letter dated March 11, 1994, faxed to Mr. King from the City Attorney regarding the March 10th request for public records; and, (2) letter dated November 23, 1993, from Kevin J. Donahue, Senior Appraiser, Donahue & Company, Inc., to Mr. and Mrs. D. J. Daniel, regarding appraisal of the Daniel's property. Mr. King stated there were two issues to be considered: (1) the Council should reject the Concept Plan until all California Environmental Quality Act requirements have been complied with and analyzed; and, (2) if Council does approve the Concept Plan, additions should be required. Mr. King stated the Concept Plan should not be approved because the California Environmental Quality Act's requirement for analysis of a Negative Declaration had not been properly followed; a Supplemental Environmental Impact Report was required for this project because there had been substantial changes to this project and to the toll road that would affect the original Environmental Impact Report and new information had become available; the Rancho Viejo Road realignment had changed so much that the current project should be classified as a new project with its own Environmental Impact Report. He stated the City has the right to ask for a new Environmental Impact Report because the proposed design is substantially different from that analyzed for the original project. He felt the City deliberately withheld critical information during the appeal period on the Transportation Corridor Agency's Environmental Analysis and Initial Study; that the Transportation Corridor Agency's Environmental Analysis was inadequate, incorrect and invalid; and, the Transportation Corridor Agency had not done what they were supposed to do. He discussed what he felt were discrepancies and major areas of concern in the Transportation Corridor Agency's Environmental Analysis/Initial Study dated August 6, 1993, which made the Initial Study invalid. He listed reasons for requiring a supplemental Environmental Impact Report; such as, the toll road is free between I-5 and Greenfield; the Transportation Corridor Agency is limiting takes to save money, which is against the California Environmental Quality Act regulations. He stated that if the Transportation Corridor Agency acquired the property they truly needed, they could employ more effective mitigation methods such as earthen berms from Village San Juan to Via Escolar; the City's grading codes could be met; and, Alignment 3 would be feasible. He felt public safety had not been adequately addressed; and, that the increased takes along Rancho Viejo Road was new information that required a supplemental Environmental Impact Report. He stated the Transportation Corridor Agency should be required to install automatic traffic signals at Spotted Bull Lane, Highland Drive and Mission Hills Drive; that truck traffic on Rancho Viejo Road had been halted by a court settlement. He felt that Alignment 3 had not been properly considered; that the City had contractual rights under Mitigation Measure 15-26 which superseded the Transportation Corridor Agency's power of eminent domain; that the Transportation Corridor Agency's schedule and financial considerations should not drive decisions. He felt that the San Joaquin Hills Road Environmental Impact Statement was also invalid. Mr. King stated that if the Council approved the Concept Plan they could be subject to a taxpayers' lawsuit. He also felt the staff report was incorrect and it would be malfeasance on the part of the Council to accept or act on the staff report without experienced legal advice on California Environmental Quality Act and the City's rights under Mitigation Measure 15-26. He stated the future of the toll road was in doubt due to two Federal Court injunctions, a Superior Court injunction and three lawsuits. He further noted the Securities and Exchange Commission was investigating possible Security law violations regarding the San Joaquin Hills Transportation Corridor. He felt the full risk of the bonds had not been revealed. City Council Minutes -6- 3/15/94 275 He reiterated Save Our San Juan's request that the City require a full or supplemental Environmental ' Impact Report for Rancho Viejo Road; obtain experienced legal assistance on the City's rights under the California Environmental Quality Act; obtain experienced legal assistance on how the City can use Mitigation Measure 15-26 to shield the City from eminent domain intimidation by the Transportation Corridor Agency; use Save Our San Juan as a resource to assist City staff in obtaining the most environmentally satisfying solution to the realignment project; and, if Council approved the Rancho Viejo Road Concept Plan, add a condition that no physical alterations are to take place within the City until after the injunctions are lifted. (9) D. J. Daniels, 29570 Spotted Bull Lane, stated he had no accurate knowledge of how much of his property would be acquired for the project. He stated this project was destroying his way of life by reducing the size and usability of his property. He questioned whether the Equestrian Commission had approved the recommended trail alignment. He requested that the slope along the Spotted Bull area be constructed with minimal loss of property and requested the Concept Plan be re-evaluated in terms of deleting the 1:1 slope and installing another kind of wall. (10) Randy Clark, 29341 Spotted Bull Way, stated a separate Environmental Impact Report was needed due to the noise, pedestrian access and the increased easterly shift. (11) Tom Lorch, property owner in the area and resident of San Clemente, supported Bob King's statements. He felt there were still major issues with the Concept Plan and that the City could make a finding that the Concept Plan was not consistent with the General Plan or the Land Use Plan. (12) Carolyn Koester, San Clemente, stated the Transportation Corridor Agency had not always leveled with either the City Council or the people. She felt there would be another investigation on the bonds. She felt the environmental review process had been bypassed. ' There being no further input, the hearing was declared closed with the right to reopen at any time. RECESS AND RECONVENE Council recessed at 9:40 p.m., and reconvened at 9:57 p.m. Response to Questions: Mr. Huber responded to the following concerns; Pedestrian Safety - The Transportation Corridor Agency must provide pedestrian access. The Transportation Corridor Agency must prepare a Traffic Management Plan to address those interim periods during construction when the sidewalks cannot be used; the Transportation Commission will review the Traffic Management Plan. Graffiti - Additional landscaping should mitigate graffiti problems. Businesses Given Preference Over Residences: One of the bases to determine the feasibility was the cost to implement a particular alignment and business properties are more expensive in terms of relocation and acquisition costs. Coun Hills Noise Attenuation: The Transportation Corridor Agency sound study had identified one home that would experience increased noise. That home was closest to Rancho Viejo Road off of the end of the cul- de-sac; however, the increase in noise was not enough to warrant mitigation. The current noise levels at the Country Hills homes did not exceed levels specified under Federal Guidelines. Gene Foster of the ' Transportation Corridor Agency, advised that Mr. Spence had been promised a sound study, noting that the City Council Minutes -7- 3/15/94 276 Environmental Impact Report had not addressed noise in Country Hills area to Mr. Spence's satisfaction. Mr. Foster stated two studies had been done and Mr. Spence felt neither were credible. Mr. Foster stated the sound — meter had been loaned out and not returned; however, a meter will be acquired and the promised sound study done. Mr. Foster further advised that sound meter readings are done on a sampling of properties, not each and every one. Need for Supplemental Environmental Impact Report: Mr. Tomlinson advised that the City had a significant number of comments on the initial Environmental Impact Report. As a result, Mitigation Measure 15-26 was developed by the Agency, in conjunction with City staff, and incorporated into the certified Environmental Impact Report. He stated that in dealing with the legal ramifications of the California Environmental Quality Act and the question of who can demand certain types of documentation, it was important to recognize that the City was not the lead agency on this project. The Environmental Impact Report has been certified by the Corridor Agency. It has been in litigation and there have been rulings that the Environmental Impact Report remains valid. There are court cases at the Federal level and Superior court level that have not been completed at this time. In 1992 and early 1993, the documentation received by the City for the construction plans was insufficient to make a determination of consistency. Subsequently, the City received additional information and then requested the Transportation Corridor Agency to evaluate their concept plan in relation to the certified document. The Agency prepared an Initial Study on the Rancho Viejo Road Concept Plan and made a fmding under Section 15153 of the California Environmental Quality Act that the Concept Plan was consistent with the previously certified document. Since the document has been certified the City is in the position of a responsible agency. Mr. Tomlinson advised that Public Resources Code 21167.3 says that a responsible agency must accept a document once it has been certified, whether or not it is under legal challenge. The responsible agency cannot challenge the certified document or request additional environmental documentation; that this was the current status of the City. The Initial Study also included a discussion of the impacts specific to the Rancho Viejo Road Concept Plan and incorporated the Environmental Impact Report by reference, further discussing how the previously certified Environmental Impact Report would adequately address the impacts of the Rancho Viejo Road project. In response to Council Member Nash, Mr. Tomlinson advised that a Negative Declaration had not been prepared for the Rancho Viejo Road project because the Transportation Corridor Agency had made a determination that the previously certified Environmental Impact Report sufficed. Mr. Tomlinson stated that the Rancho Viejo Road project was not considered to be a separate project. He discussed the general road alignment and elevation of Rancho Viejo Road as shown in the Concept Plan and the potential takes on residential properties adjacent to Spotted Bull Lane and Rancho Viejo Road, noting that the elevation had not changed significantly from the original Environmental Impact Report presentation. Council Member Nash inquired whether Mr. Tomlinson felt the City needed a new Environmental Impact Report or Supplemental Environmental Impact Report due to an inadequacy that might require one. Mr. Tomlinson stated the City had not recommend certification of the Environmental Impact Report; that the City felt it was inadequate and that was the City's position all the way along. Our representatives to the Transportation Corridor Agency voted against certification; however, the City's current situation is very different from the original situation. The City is now only the responsible agency; certification has already taken place and California Environmental Quality Act is very clear that the City cannot require or request additional documentation from the Transportation Corridor Agency. Detours - Mr. Huber advised that his reference to use of Rancho Viejo Road as a detour related only to experience indicating that people will automatically use Camino Capistrano or Rancho Viejo Road as a detour when freeway congestion is heavy, which may happen during construction. The Concept Plan requires construction traffic to use the freeway and access construction areas from specified locations. The Transportation Commission had not felt there was a need for additional automatic signals; however, warrant studies will be done on a regular basis to determine when a signal may be necessary. Physical Landform Alterations - Mr. Huber felt another condition would be appropriate to withhold issuance of construction permits until injunction issue is decided. City Council Minutes -8- 3/15/94 277 Loss of Empely (Daniels) - Mr. Huber stated that when the Concept Plan was originally reviewed, there were ' several different wall concepts because different walls were under consideration at that time. He reiterated that the Loffelstein wall had not been recommended due to its height and mass. Equestrian Trail -The Equestrian Commission had recommended Alternative A; however they had considered both Alternatives A and B. The Planning Commission had included the condition that if Alternative A was found to be infeasible, then Alternative B should be constructed. Alignment Shift - Mr. Huber advised that the road shift at Spotted Bull is approximately 50 to 60 feet. The 190 -foot shift is at the Resco/Gateway site on the undeveloped knoll area. Loss of Property Used for Parking - Mr. Huber felt that concern would be addressed through appraisals of the property. Additional Public Comment: Bob King, 29422 Spotted Bull Lane, felt that Mr. Tomlinson's reference to the Public Resources Code was irrelevant because the San Joaquin Hills Transportation Corridor Environmental Impact Report was not under court cloud when this project was considered. He quoted from the California Environmental Quality Act guide, Section 15162(a) & (c), to support his contention that a subsequent Environmental Impact Report could be requested. He suggested that there was a need for advice from an expert on the California Environmental Quality Act and further stated the records indicated that Rancho Viejo Road will be a detour path. Mr. Huber stated that freeway traffic will not be detoured onto Rancho Viejo Road during construction; that people will use Rancho Viejo Road as a bypass when the freeway is congested and that was why staff felt a four -lane road was necessary at this time. ' Mr. D. J. Daniels, 29570 Spotted Bull Lane, clarified that 50 feet of his property would be taken, but the road was going to be moved more than 50 feet. He felt that there had been inadequate consideration of retaining walls that could be attractive and do the job. Greg Henk of the Transportation Corridor Agency clarified that the difference in the right-of-way shift had to do with additional grading necessary to meet the City's requirements for four lanes and bike and equestrian trails. He stated that the San Joaquin Hills Transportation Corridor Environmental Impact Report had been litigated. He stated the case had been dismissed; the Agency was successful on the appeal; the Environmental Impact Report was not in litigation at this time; and, the statute of limitations had expired. Additional Environmental Impact Report Discussion: Council Member Nash asked the City Attorney to respond regarding the City's ability to require an additional Environmental Impact Report based on material identified by Mr. King. The City Attorney stated that the City could not now challenge the Environmental Impact Report or require a supplemental Environmental Impact Report. The City could try to put pressure on the Agency, particularly if the Agency submits to the City's permit process. If a discretionary permit involved some changed circumstances then the City could have grounds to request additional environmental work. He emphasized that the item for action at this time related to a legislative decision; the City was not at the stage for a permit hearing. He felt that if the City requested additional environmental documentation, the Agency would condemn the property and remove themselves from the City's discretionary process. In response to Council Member Jones, the City Attorney clarified that additional environmental work could be requested at any future time, but not compelled at this stage. When the City is in the role of a discretionary body reviewing a permit, if it was found that environmental work on that particular issue was inadequate and none of the mitigation measures addressed the City's concerns, additional environmental work could be requested. Mayor Campbell clarified that at present the City had control over the perquisites, such as landscaping, through the permit process; however, if the Agency condemned the property, the City would lose all control. The City Attorney advised that at this stage the ' Agency was willing to submit to the City's review process; however if Concept Plan was denied, he had City Council Minutes -9- 3/15/94 278 information that the Agency was already proceeding with appraisals and may move forward with condemnation and take away the City's discretionary approvals. Council Member Vasquez felt additional environmental work was important to provide more information and knowledge of the impacts of the project. Council Member Vasquez asked for an explanation about an agency with additional discretionary power. The City Attorney advised that the City would have discretionary power over permits that came to the City for approval; that if the Concept Plan is approved a series of permits would come before the City to give the City some control over the impacts. Mr. Tomlinson advised that California Environmental Quality Act recognizes that certain agencies may have permit authority, but once the Environmental Impact Report document has been certified, the City, as the responsible agency, cannot challenge the Environmental Impact Report or withhold permits without further cause. Council Discussion: Council Member Nash stated that because of Mitigation Measure 15-26 the City and the Transportation Corridor Agency had agreed to work together to get best possible mitigation concessions to make Rancho Viejo Road compatible with the City. As originally proposed there would have been three 35 -foot walls along Rancho Viejo Road, two paved lanes, hydroseed landscaping, and no General Plan -required trails. She stated the City has gained substantial landscaping; rounded slope grading; 4 paved lanes instead of 2 paved lanes; a traffic signal; and, deletion of 2 of the walls. She felt the choice was to either approve the Concept Plan and obtain the mitigation measures the City wants, or to allow the Transportation Corridor Agency to make the improvements as they wished. She cited concern about sound attenuation in the area and felt the City should continue to work on that issue. She stated that, representing the whole City, she felt the best deal for the City was to go ahead with the Concept Plan and, as it goes through the process, look at whatever changes can be obtained. Council Member Jones felt it was incumbent on staff to monitor the project for significant changes from the original plan. Adoption of Resolution Accepting the Draft Rancho Viejo Road Concept Plan: It was moved by Council Member Nash, seconded by Council Member Jones that the following Resolution, as revised and presented at the meeting, be adopted with an additional Condition I I to read as follows: "The City will withhold issuance of any construction permit for the realignment of Rancho Viejo Road until the injunction on the Laguna Greenbelt Federal lawsuit has been resolved." RESOLUTION NO. 94-3-15-1. ACCEPTANCE OF DRAFT RANCHO VIEJO ROAD CONCEPT PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE DRAFT RANCHO VIEJO ROAD CONCEPT PLAN (AUGUST 1993) PREPARED PURSUANT TO VISUAL RESOURCES MITIGATION MEASURE 15-26 OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR The motion carried by the following vote AYES: Council Members Jones, Nash, and Mayor Campbell NOES: Council Member Vasquez ABSTAIN: None ABSENT: Council Member Hausdorfer City Council Minutes -10- 3/15/94 279 2. TEMPORARY STREET CLOSURES - FOLLOW THE SWALLOW RUN (CITY -SPONSORED ' l OK RUN AND 4K RUN/STRIDE) - SATURDAY. APRIL 9. 1994 (150,60) Proposal: Consideration of temporary street closures within the City between the hours of 3:30 a.m. to 11:00 a.m. to accommodate the Follow the Swallow IOK Run, 4K Run/Stride, and the Children's 1 -Mile Fun Run events on Saturday, April 9, 1994. Run events are scheduled to begin at 7:30 a.m. Written Communication: Report dated March 15, 1994, from the Director of Community Services, summarizing the schedule of events, listing the streets and intersections affected, and providing a map of the courses. Mr. King made an oral presentation, noting that a new course had been changed from previous years. Public Hearin: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there being no response, closed the Hearing with the right to reopen at any time. Approval of Street Closures: It was moved by Council Member Nash, seconded by Council Member Jones and unanimously carried that the street closures for the IOK, 4K Run/Stride, and Children's 1 -Mile Fun Run events on April 9, 1994, be approved. 3. RECONSIDERATION OF CONDITIONS FOR VESTING TENTATIVE TRACT MAP 14398 FOR PROPERTY LOCATED AT THE NORTHERLY TERMINUS OF CAMINO LAC RAMBLAS (CONCORDE D .V ..OPMF.NT) 1420.401 Proposal. Consideration of a request to reconsider conditions placed on Vesting Tentative Tract Map 14398, an 87 -lot residential subdivision located at the northerly terminus of Camino Las Ramblas. The applicant proposed reducing the amount for soil subsidence insurance from $1 million per lot to a cumulative $4 million, reducing the term from twenty years to one year, and using an out-of-state insurance carrier rather than a California carrier, as conditioned by the City Council on April 6, 1993. Applicant: Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92715 Written Communication: Report dated March 15, 1994, from the Planning Director, recommending that the public hearing be continued to the meeting of April 5, 1994, to allow additional time for City staff to investigate insurance availability. The Report noted that the applicant agreed to the request for continuance. Continuation of Public Hearne: Notice having been given as required by law, Mayor Campbell opened the Public Hearing. There being no response, it was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously carried that the public hearing be continued to the meeting of April 5, 1994, at the request of City staff. City Council Minutes -11- 3/15/94 RN •1� . Ixmo101em"TJ am 1.1 Memouth MAW • ••u OWN W.Temammo lllilll•g W 1001Mal I LeiMW MALGM 4 • :ul e•ul Zlell OLGA13 M elm UNA 9 K8111 Council Member Jones advised he would abstain on this item due to a potential conflict of interest relating to the proximity of his business/residence to the project. Proposal: Consideration of a request by Vaquero West Mercantile to amend their Lease Agreement with the Community Redevelopment Agency to allow overnight accommodations in the second -floor rooms instead of professional office uses only, as required in the Lease Agreement. ARR1icanI: Vaquero West Mercantile 26755 Verdugo Street San Juan Capistrano, CA 92675 Written Communication: Report dated March 15, 1994, from the Director of Administrative Services, recommending that the Lease Agreement be amended to permit overnight accommodations in the second -floor rooms, subject to conditions limiting stays to no more than ten consecutive days, setting rates at a minimum of $50 per night, and allowing guest parking in areas designated as long-term parking. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) Pauline Leonard, 27589 Brookside Lane, spoke in support of the Amendment. There being no further input, the hearing was declared closed with the right to reopen at any time. Adoption of Resolution Approving Lease Agreement #2: It was moved by Council Member Nash, seconded by Mayor Campbell, that the following Resolution be adopted: RESOLUTION NO, 94-3-15-2. APPROVING LEASE AMENDMENT #2 WITH VAQUERO WEST MERCANTILE, 26755 VERDUGO STREET- CAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE OF CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO VAQUERO WEST MERCANTILE AND APPROVING LEASE AMENDMENT #2 PERTAINING THERETO The motion carried by the following vote: AYES: Council Members Nash, Vasquez, and Mayor Campbell NOES: None ABSTAIN: Council Member Jones ABSENT: Council Member Hausdorfer City Council Minutes -12- 3/15/94 RECESS AND RECONVENE Council recessed at 11:33, p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 11:34 p.m. Council Members Jones and Vasquez advised they would abstain on this item due to a potential conflict of interest relating to the proximity of the project to their businesses/residences Written Communication: Report dated March 15, 1994, from the City Manager, recommending that the City enter into a Cooperative Agreement with the Orange County Transportation Authority (OCTA) identifying OCTA as the owners of the railroad platform, leasing it to the City for $1.00 per year, and committing the City to routine and long-term repair and maintenance of the platform facilities. The Agreement also identified the liability responsibilities of the City and the Orange County Transportation Authority. Rule of Necessity: The City Attorney noted that the Rule of Necessity allows participation in the decision-making of an otherwise disqualified Council Member if that vote is necessary to obtain the quorum needed to take action and no other ' alternatives exist. The Council Member allowed to vote would be chosen by lot and would be required to disclose the nature of the conflict and any financial benefit. The City Council was advised that it was necessary to take action on this item at this time because the railroad platform was scheduled to open Monday, March 28, 1994, which was prior to the next City Council meeting date. The City Clerk flipped a coin and Council Member Jones was selected to participate in the decision. Council Member Jones advised that he had a potential conflict of interest in this project due to the proximity of his residence and business and the opening of the railroad platform could benefit his business. �7 J Approval of CooperativeAgreement: It was moved by Council Member Jones, seconded by Council Member Nash, that the Cooperative Agreement between the Orange County Transportation Authority and the City be approved for the design, construction, maintenance, security, and liability responsibilities for the railroad platform. The motion carried by the following vote: AYES: Council Members Jones and Nash and Mayor Campbell NOES: None ABSTAIN: Council Member Vasquez ABSENT: Council Member Rausdorfer The Mayor was authorized to execute the Agreement on behalf of the City. City Council Minutes -13- 3/15/94 281 ' P Council Member Nash noted that a protester had been removed from a construction crane at the construction site. Mayor Campbell advised that she was never in favor of the Corridor, but has worked diligently to obtain the best deal for the City, noting she had been advised that condemnation would begin March 16th, depending on the City Council's action on the Rancho Viejo Road Concept Plan. Council Member Jones noted that Mayor Campbell lobbied aggressively to obtain additional landscaping. The Corridor Agency has agreed to provide an $480,000 for additional landscaping. i : - • " 1. 91-1. , a , 61 : iTTii%If.YXIITI :\7f[Il[1�101 Council Member Vasquez advised that SERRA was currently preparing next year's budget and staff had done a number of things to reduce operating costs. Mayor Campbell noted that St Joseph's day is this Saturday, March 19th and the parade is scheduled for Saturday, MarchZ6. Council Member Nash received clarification that this item will be scheduled for reconsideration on April 5th. The City Attorney recited that Government Code Section 36936 requires payments of money to be approved by 3 votes. On February 15th the item went to vote with two abstentions, two votes to approve the City's financial participation in the Swallow's Foundation project, and one negative vote on the City's financial participation. On April 5th the Council would either have to have 3 votes for the City's financial participation, or decide that participation would not be authorized. Council recessed to a Closed Session at 11:46, p.m. for discussion of possible initiation of litigation pursuant to Government Code Section 54956.9(a) and (c); and, pursuant to Government Code Section 54956.8, instructions to the City negotiator regarding price, and terms of payment for real property located at 33949 Doheny Park Road, with Orville Paul, as the party, the City Clerk being excused therefrom, and reconvened at 12:15 a.m., Wednesday, March 16, 1994. City Council Minutes -14- 3/15/94 ADJOURNMENT ' There being no further business before the Council, the meeting was adjourned at 12:15 a.m. to the next regular meeting date of Tuesday, April 5, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL • 61•g/ CITY CLERK ATTEST: •LLENE IPBELL, YOR City Council Minutes -15- 3/15/94 PTN