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99-0601_CC_Minutes_Regular Meeting141 JUNE 1, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (614. Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees) 2. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with its Legal Counsel regarding one matter 3. Pursuant to Government Code Section 54956.8, the City Council will confer with its real property negotiator (City Manager) regarding leasehold terms for that certain property consisting of approximately 28 acres commonly known as the Kinoshita Farms adjacent to the Community Center 4. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of OCERS v. Mocalis, et al. RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT MEETINGS UNTIL 7:00 P.M. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Greiner at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Bruce Camp, Ocean Hills Community Church. ROLL CALL: PRESENT: John Greiner, Mayor Collene Campbell, Mayor pro tem Gil Jones, Council Member Wyatt Hart, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Bonnie Sanchez, Recording Secretary. City Council Minutes -1- 6/1/99 142 ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Greiner announced there were no actions to report from Closed Session. INTRODUCTION, PRESENTATIONS AND DONATIONS INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10} Council Member Campbell introduced the following persons in attendance: Marie Buckner, Housing Advisory Committee; Bili Hardy and Don Tryon, Cultural Heritage Commission; former Mayor Philip Schwartze; Al Simmons, Senior Liaison; and Boy Scout Troop 973 earning their civic/government badge. ORAL COMMUNICATIONS (CITY COUNCILWOMMUNITY REDEVELOPMENT AGENCYICAPISTRANO VALLEY WATER DISTRICT) None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Campbell, 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 !ones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF MAY 4,199 The Minutes of the Regular Meeting of May 4, 1999, were approved as submitted. RECEIVE AND FILE WARRANTS OF MAY fi 1999 (300. The List of Demands dated May 6, 1999, in the total amount of $612,738.79, was ordered received and filed. City Council Minutes -2- 611199 143 4. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS - CITY STREET REPAIRS, 1999 (CIP NOS. 104 AND 119 60� 0.30) As set forth in the Report dated June 1, 1999, from the Engineering and Building Director, the plans and specifications were approved and staff was authorized to call for bids for patching, asphalt concrete overlay and slurry seal of a number of City streets. RESOLUTION NOTICE OF COMPLETION, AND RELEASE OF BONDS, TRACT 13865 (SAN JUAN HILLS L.P./PACIFIC COMMUNITY BUILDERS, INC.) (600.30) As set forth in the Report dated June 1, 1999, from the Director of Engineering and Building, the following Resolution was adopted accepting the public and private street improvements and street monumentation in Tract 13865: RESOLUTION NO. 99-6-1-1 COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS - TRACT 13865 (SAN JUAN HILLS_L.P.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 13865 (SAN JUAN HILLS L.P.) The Resolution accepted the street improvements and monumentation as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following bonds provided by Developers Insurance Company 35 days after recordation of the Notice of Completion: Bond No. Type Amount 415854S Public Street Improvements $146,625 415804S Private Street Improvements $104,506 4158055 Monumentation $ 21,000 6. ADOPTION OF RESOLUTION AUTHORIZING DESTRUCTION OF RECORDS 160.70 As set forth in the Report dated June 1, 1999, from the City Clerk, the following Resolution was adopted authorizing the destruction of 41 boxes of records in accordance with the City's adopted retention schedule: RESOLUTION NO. 99-6-1-2 DESTRUCTION OF RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS City Council Minutes -3- 6/1/99 144 7. AUTHORIZING SUBMITTAL OF CITY'S MEASURE M ELIGIBILITY PACKAGE (820.25) As set forth in the Report dated June 1, 1999, from the Engineering and Building Director, staff was authorized to submit the City's eligibility package, which certified the existence of a pavement management program and determined the City's Circulation Element to be in conformance with the County Master Plan of Arterial Highways, to the Orange County Transportation Authority. 8. APPROVAL OF "NO U-TURNS" ON DEL OBISPO STREET AT DANA MESA DRIVE (590.50) As set forth in the Report dated June 1, 1999, from the Engineering and Building Director, the following Resolution was adopted establishing "No U -Turns" for northbound and southbound traffic on Del Obispo Street at Dana Mesa Drive: RESOLUTION NO. 99-6-1-3, ESTABLISHING "NO U-TURNS" - DEL OBISPO STREET AT DANA MESA DRIVE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U-TURNS" FOR NORTHBOUND AND SOUTHBOUND VEHICLES ON DEL OBISPO STREET AT DANA MESA DRIVE 9. APPROVAL OF AMENDMENT NO. 1 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY COOPERATIVE AGREEMENT - RAILROAD PLATFORMS 600.50 As set forth in the Report dated June 1, 1999, from the Engineering and Building Director, Cooperative Agreement Amendment No. 1 with the Orange County Transportation Authority, which redefined maintenance and liability obligations with respect to the North and South Railroad Platforms, was approved. PUBLIC HEARINGS APPROVAL OF REQUEST FOR SUBDIVIDE A 20 -ACRE SITE LOCATED AT 32281 DEL OBISPO STREET, TENTATIVE PARCEL MAP 97-225 (SCALZO) 420.70 Council Member Jones advised he would abstain due to a potential conflict of interest relating to his ownership of nearby property. Proposal: Consideration of a request to subdivide approximately 20 acres located at 32281 Del Obispo Street into 3 one -acre parcels, 1 ten -acre parcel, and a seven -acre remainder parcel. The City Council Minutes 4- 6/1/99 7.45 property is located within the Large Estate District and is designated 1.3 (Medium Density Residential) on the General Plan Map. Surrounding uses include single-family homes on minimum 10,000 -square -foot lots to the north and large estate lots to the west. A nursery and general commercial complex is located south and east of the project site, across Del Obispo Street. Applicant: Frederick T. Scalzo, 32281 Del Obispo Street, San Juan Capistrano Written Communications: (1) Report dated June 1, 1999, from the Planning Director, describing the project and discussing issues involved, including the use of a public road easement, the timing of the proposed drainage swale construction, the access to Lots 1-3 and to Lot 4, responsibility and timing for construction of the equestrian trail improvements, and the recommended vacation of the public road easement. (2) Memorandum dated June 1, 1999, from the Planning Director, forwarding an additional condition, Resolution, as requested by the applicant, relating to access to Lots 1-3 and Alternate Map B. Exhibits depicting plans, street -stapes, trail alignment and easements were on display. C. J. Amstrup, project manager, made an oral presentation, describing the differences between Map Alternatives A and B in providing access to Lots 1-3. He advised that Alternative A was recommended for approval because it did not propose the use of the public easement; since the road does not connect to public streets at either end the City would not have access to the public easement for maintenance or other purposes; the City woula assume maintenance and liability for only a portion of the roadway; the existing privately -constructed improvements had not been constructed to City standards; and, the road would primarily serve only the applicants and subsequent buyers and have minimal public benefit. He advised that access to Lot 4 would be obtained by a reciprocal access easement. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing, and the following persons responded: (1) Roger Grable, 19100 Von Karman, 8th Floor, Irvine, 92623, attorney representing Brandon Birtcher, supported Staffs recommendation at this time. However, his client felt Alternative B was the best because it did not require the creation of a new drive, but would require the parties to come to agreement. He indicated he was hopeful that agreement could be reached before the public easement was vacated. (2) Mark Goldstein, 620 Newport Center Drive, 1 ith Floor, Newport Beach, 92660, an attorney for the applicant, clarified that at the time the application was made they had thought the roadway was a public road and the Map was submitted using the existing City Council Minutes -5- 611199 146 driveway. Following subsequent discussions, an alternative plan had been prepared. He concurred with Mr. Grable that Map B was preferable; that hopefully access to the lots was not an issue. (3) George Polycrates, 137 South Prospect, Tustin, stated that he represented Mr. Scalzo and requested that use of the existing public easement be allowed. Mr. Polycrates stated that his applicant was otherwise satisfied with the Staff's recommended conditions. Approval of Tentative Parcel Mgp 97-225/Mitigated Negative Declaration: It was moved by Council Member Hart, seconded by Council Member Campbell that the following Resolution be adopted: RESOLUTION NO. 99-6-1-4. CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 97-225 SCS ALZO) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 97-225, SUBDIVIDING AN APPROXIMATELY 20 -ACRE SITE LOCATED AT 32281 DEL OBISPO STREET (SCALZO) The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: Council Member Jones ABSENT: None 2. APPROVAL OF VESTING TENTATIVE TRACT MAP 15853 FOR PROPERTY LOCATED AT THE NORTHERN TERMINUS OF CALLE PERFECTO CALLE PERFECTO BUSINESS PARTNERS 420.40 Proposal: Consideration of a vesting tentative tract map which would subdivide a 7.95 -acre parcel into seven numbered lots and one lettered lot for construction of seven industrial structures. Surrounding land uses include San Juan Creek to the north, railroad right-of-way to the south and east, and existing industrial development to the west. The site is designated 4.0 (Industrial Park) on the General Plan Map and is located within the Commercial Manufacturing Zone District. City Council Minutes -6- 6/l/99 147 Applicant: Calle Perfecto Business Partners, LLC, 19700 Fairchild Road, Suite 120, Irvine 92612 Written Communications: (1) Report dated June 1, 1999, from the Planning Director, describing the project and advising that staff had not identified any issues with the proposed development. The Report recommended approval of the vesting tentative tract map. (2) Memorandum dated June 1, 1999, from the Planning Director, forwarding an additional condition, as requested by the applicant, relating to compliance with the Construction Mitigation Program. Plans were on display and C. J. Amstrup, project manager, described the proposed map, noting it was consistent with the required findings for approval subject to conditions listed in the resolution of approval. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing, and there being no response, closed the hearing with the right to re -open at any time. Approval of Vestinlz Tentative Tract Man 15853/Mitigated Negative Declaration: It was moved by Council Member Jones, seconded by Council Member Swerdlin that the following Resolution be adopted: RESOLUTION NO. 99-6-1-5, APPROVING VESTING TENTATIVE TRACT MAP 15853 (CALLS PERFECTO BUSINESS PARTNERS1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING A SEVEN -LOT TENTATIVE TRACT MAP FOR A 7.95 -ACRE SITE LOCATED AT THE NORTHERN TERMINUS OF CALLE PERFECTO (CALLS PERFECTO BUSINESS PARTNERS) The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 7:24 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:30 p.m. City Council Minutes -7- 11144 148 ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF ORTEGA HIGHWAY AD HOC MITIGATION COMMITTEE RECOMMENDATIONS 800.20 Written Communications: (1) Report dated June 1, 1999, from the Principal Management Analyst, advising that the committee had reconvened and reviewed the status of revenues and expenditures in the Importation Fund and had developed recommendations for implementation of the Ortega Highway Noise Mitigation Program. Those recommendations included: (1) finish funding first -in homes that qualified via sound test with Fiscal Year 1998-99 and Fiscal Year 1999-2000 importation funds; (2) do not provide additional assistance to those who have already received aid; (3) do not consider assistance for second -in homes at this time; (4) defer any surplus funds from Fiscal Year 1999-2000 for program expenditures in Fiscal Year 2000-2001; and (5) in Fiscal Year 2000- 2001 provide financial assistance to first -in homes that meet or exceed 40 dB(A) per the sound testing conducted September 15, 1998. (2) Letter dated May 27, 1999, from Al Wilson, 31242 Via Cuartel, forwarding pictures of his home and stating that his home is a "second -in" home and is subject to more noise than any other house on the street. The letter requests that he receive the same funding for noise attenuation windows as given to "first -in" homes. Douglas Dumhart, Principal Management Analyst, made an oral presentation. Public Comments: (1) Linda Wilson, 31242 Via Cuartel, stated that she lived in a second -in two-story home and requested that her home to be tested, noting her feeling that her home would test higher than her one-story next door neighbor who had received assistance. Council Comments: Discussion ensued regarding testing of "second -in" homes. Mr. Huber advised that only "first -in" homes had been tested in accordance with Federal Standards and Caltrans standards for sound mitigation. Mr. Dumhart discussed funding considerations, noting that next year's funding will not be available until July, 2000. He further explained the Committee's recommendation regarding assistance to "first -in" homes who test at 40 dB(A) or higher. Approval of Modified Recommendations: It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried that the following Ortega Highway Mitigation Ad-hoc Committee recommendations for Fiscal Year 1999-2000 and Fiscal Year 2000-2001 importation City Council Minutes -8- 6/1/99 149 expenditures be approved: (1) finish funding first -in homes that qualified via the sound testing with Fiscal Year 1998-99 and Fiscal Year 1999-00 importation funds; (2) do not provide additional assistance to those who had already received aid; (3) do not consider assistance for second -in homes at this time; and, (4) defer any surplus funds from Fiscal Year 1999-00 for program expenditures in Fiscal Year 2000-01. Staff was directed to test the second -in homes at a time proximate to next year's funding availability. 2. INTRODUCTION OF FISCAL YEAR 1999-2000 OPERATING BUDGET (330.20) Written Communications: Report dated June 1, 1999, from the Administrative Services Director, forwarding proposed Fiscal Year 1999-2000 Fund budgets and advising that the proposed General Fund operating budget was balanced. The Report recommended that the balanced budget be maintained and that budget discussions continue to a Public Hearing to be scheduled on June 15, 1999. The Administrative Services Director made an oral presentation. Continuation of Consideration: It was moved by Council Member Jones, seconded by Council Member Hart and unanimously carried to continue discussions regarding the proposed expenditures to a Public Hearing scheduled for June 15, 1999. COMMUNITY SERVICES DIRECTOR Council Member Hart advised he would abstain on this item due to his position on the Boys & Girls Club Board of Directors. 1. APPROVAL OF LEASE AGREEMENT - BOYS & GIRLS CLUB FACILITY AT COMMUNITY CENTER SITE (BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC.) (600.20 Written Communications: (1) Report dated June 1, 1999, from the Community Services Director, advising that in August, 1998, a Memorandum of Understanding had been approved with the Boys & Girls Club which included a fund-raising level threshold that was to be achieved prior to initiation of lease agreement discussions with the City. The Club was to have raised funds equal to on -third of the cost of constructing the proposed facility, or $600,000. The Report advised that the Club had raised approximately $300,000 in cash, had significant pledges from private donors and had received a $500,000 Federal grant. The Report forwarded a proposed lease agreement and advised that the Club's construction lender, American Sterling Bank, had requested a separate legal action providing that the City would guarantee the construction loan. City Council Minutes -9- 611199 150 (2) Memorandum dated May 25,1999, from the City Attorney, forwarding the final draft of the Boys & Girls Club Lease Agreement. Al King, Community Services Director, reviewed the key issues in the proposed lease agreement. Public Comments: (1) Rick Friess, 28242 Paseo Corrales, attorney for the Boys & Girls Club, thanked the City Council and staff for their support and assistance on this project. (2) Dr. Ken Friess, 31506 Paseo Christina, expressed gratitude to the Staff for their continued support and direction on this project. Dr. Friess stated that they had just finished negotiating a contract with Varkel Construction and that they would obtain a $1.3 million construction loan by Friday. Work was expected to begin by the middle of June with a proposed move -in date of January 2000. Approval of Lease: It was moved by Council Member Campbell, seconded by Council Member Jones and carried with Council Member Hart abstaining, to approve the lease agreement with the Boys & Girls Club of Capistrano Valley, Inc., to construct and operate a Boys & Girls Club facility at the City's Community Center site. Guarantee of Construction Loan: It was moved by Council Member Campbell, seconded by Council Member Jones that the following Resolution be adopted: RESOLUTION NO. 99-6-1-6 GUARANTEE OF REPAYMENT OF CONSTRUCTION LOAN - AMERICAN STERLING BANK (BOYS & GIRLS CLUB OF CAPISTRANO VALLEY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO A CONSTRUCTION LOAN GUARANTEE FROM AMERICAN STERLING BANK FOR THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY FACILITY AT THE COMMUNITY CENTER SITE The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: Council Member Hart ABSENT: None City Council Minutes -10- 6/1/99 151 ORDINANCES 1. AMENDING TITLE 9 OF THE MUNICIPAL CODE - LAND USES IN THE TOURIST COMMERCIAL AND GENERAL COMMERCIAL DISTRICTS (ADOPTION) (420.30) Written Communications: Report dated June 1, 1999, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 18, 1999, 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 Jones, seconded by Council Member Hart, that the following Ordinance be adopted: ORDINANCE NO. 839, AMENDING TITLE 9 OF THE MUNICIPAL CODE - LAND USES IN THE TOURIST COMMERCIAL AND GENERAL COMMERCIAL DISTRICTS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC LAND USES IN THE TOURIST COMMERCIAL DISTRICT, THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND THE GENERAL COMMERCIAL DISTRICT AS PER TITLE 9, CHAPTER 3, ARTICLE 4, SECTIONS 9-3.411,9-3.413 AND 9-3.414 RESPECTIVELY, OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern Transportation Corridors 800.50 Council Member Campbell noted that the Transportation Corridor Agency had placed an ad in the papers to disseminate the proper information regarding the Foothill south extension, noting that a lot of erroneous information had been circulated. She further emphasized the City's concern and position that the City Council Minutes -11- 611199 152 Foothill/Eastern Transportation Corridor not end at Ortega Highway due to the disastrous impacts to the City. COUNCIL COMMENTS ANIMAL CONTROL/SKUNKS(600.50) Council Member Swerdlin noted that his dog had lost an encounter with a skunk; Council Member Campbell noted that Animal Control's suggestion to use moth balls and ammonia to discourage the skunks had worked. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:17 p.m. to the next meeting date of Friday, June 4, 1999, at 7.00 p.m. at the Community Center for a joint meeting with the Planning Commission to review the draft General Plan Vision Statement and Goals and Policy Report Respectfully submitted, EWA I I I � , NORM Id- - W-46,41 ATTEST: City Council Minutes -12- 6/1/99 153 NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, at its Regular meeting of June 1, 1999, adjourned said meeting to Friday, June 4, 1999, at 7:00 p.m., at the San Juan Capistrano Community Center, 25925 Camino del Avion. DATED: June 2, 1999 Cheryl Johnsq#, Cit Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on June 2, 1999. I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johno, Ci Clerk San Juan Capistrano, California