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99-0817_CC_Minutes_Regular Meeting241 AUGUST 17, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council met in a Closed Session at 6:00 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of City. _of San Juan Capistrano vs. Barrios Housing Corporation, et al. RECESS UNTIL 7:00 P.M. BUSINESS SESSION. 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 John Meadors, South Coast Christian Assembly. 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; Amy Amirani, Public Works Director; Al King, Community Services Director; Gus De La Torre, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - Mayor Greiner announced there was no action to report from Closed Session. INTRODUCTION, PRESENTATIONS AND DONATIONS PRESENTATION OF PLAQUES TO 1998 MAN AND WOMAN OF THE YEAR (610.40) Written Communications: Report dated August 17, 1999, from the Community Liaison, advising that the Chamber of Commerce had recognized Joan Hood as the 1998 Woman of the Year and Al Simmons as the 1998 Man of the Year; and, listing their many contributions to the community. City Council Minutes -1- 8117199 242 2 3 Ms. Hood and Mr. Simmons were present to receive plagues from Mayor Greiner recognizing their service to the community. PRESENTATION OF RESOLUTION COMMENDING THE OAKS INTERNATIONAL (610.40) Written Communications: Report dated August 17, 1999, from the Community Liaison, advising that The Oaks International would be held on Saturday, September 18, 1999, at The Oaks/Blenheim Rancho Mission Viejo Riding Park. This event would be presented by the Oaks/Blenheim Exhibitions, and would benefit the Boys & Girls Club of Capistrano Valley, Drug Use is Life Abuse, Fran Joswick Therapeutic Riding Center, Mission San Juan Capistrano, National Water Research Institute, Rancho Mission Viejo Land Conservancy and the Reeve -Irvine Research Center at UCI. Mayor Greiner presented the Resolution of Commendation to Mr. R.J. Brandes, Mrs, Joan Irvine -Smith and Mr. Richard O'Neill in recognition of the contribution to local charities. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10 Council Member Campbell introduced the following persons in attendance: Ed Johnson, Planning Commission; Joanne de Guevara, Housing Advisory Committee; Al Simmons, Senior Liaison; and June Simmons. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY/CAPISTRANO VALLEY WATER DISTRIX None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Hart, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, 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. City Council Minutes -2- 8117199 243 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of July 20, 1999, and the Adjourned Regular Meeting of July 28, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JULY 15. 1999 (300.30) The List of Demands dated July 15, 1999, in the total amount of $2,385,384.71 was ordered received and filed. 4. RECEIVE AND FILE WARRANTS OF JULY 29, 1999 (300.301 The List of Demands dated July 29, 1999, in the total amount of $409,460.88 was ordered received and filed. 5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated August 17, 1999, from the Planning Director, advising that no new applications have been received since the last Report on August 3, 1999, was ordered received and filed. 6. APPROVAL OF PLANS AND SPECIFICATIONS, AND AUTHORIZATION_ TO RECEIVE BIDS - REHABILITATION OF ORTEGA HIGHWAY - DEL OBISPO STREET 1-5. SOUTHBOUND RAMPS (CIP NO. 114) (600.30) As set forth in the Report dated August 17, 1999, from the Director of Engineering and Building, the plans and specifications for the rehabilitation of Ortega Highway from Del Obispo Street to 1-5 Southbound Ramps was approved and Staff was authorized to receive bids. 7. AWARD OF BID - CONCRETE REPAIRS (GREEK'S CONCRETE) (600.30) As set forth in the Report dated August 17, 1999, from the Public Works Director, the bid for minor concrete repairs was awarded to Greek's Concrete for Fiscal Year 1999- 2000 on an as needed contract basis not to exceed $75,000. 8. AWARD OF BID - ASPHALT REPAIRS OLIVER-MAHON ASPHALT INC. 600.30 As set forth in the Report dated August 17, 1999, from the Public Works Director, the bid far asphalt repairs was awarded to Oliver -Mahon Asphalt, Inc., for Fiscal Year 1999- 2000 on an as needed contract basis not to exceed $60,000. 9. RECEIVE AND FILE YEAR 2000 COMPLIANCE - STATUS UPDATE 180.10 The Status Update Report dated August 17, 1999, from the Administrative Services Director, for the Year 2000 Compliance was ordered received and filed. City Council Minutes -3- 8117199 244 10. ADOPTION OF ANNUAL REVIEW OF INVESTMENT POLICY (350.30) The Investment Policy for the City of San Juan Capistrano for Fiscal Year 1999-2000 was adopted. 11. DENIAL OF CLAIM OF MELTON FOR DAMAGES (170.10) As set forth in the Report dated August 17, 1999, from the City Attorney, the claim filed by James Melton for damages was denied in its entirety. 12. APPROVAL OF MODIFICATIONS TO CITY COUNCIL POLICY #419 REGARDING STREET BANNER AT DEL OBISPO AND CAMINO CAPISTRANO (610.30) As set forth in the Report dated August 17, 1999, from the Economic Development Manager, the modifications to City Council Policy #419, adding a list of community events to receive priority use of the banner and modifying miscellaneous banner review and text limitations, were approved. 13. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO SPORTS PARK (AYSO REGION 87) (600.30) As set forth in the Report dated August 17, 1999, from the Community Services Director, the License Agreement between the City of San Juan Capistrano and AYSO Region 87 for use of the concession stand at the San Juan Capistrano Sports Park for the period of September 1, 1999 to January 31, 2000, was approved. 14. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID COMMUNITY CENTER SOUND SYSTEM (600.10) As set forth in the Report dated August 17, 1999, from the Director of Engineering & Building, specifications and call for bids for the Community Center Sound System were approved; and funds in the amount of $20,000 were appropriated from Measure D Open Space Bonds to the Community Center Project No. 451. 15. APPROVAL OF EXTENSION OF LICENSE AGREEMENT FOR USE OF PUBLIC PROPERTY DOMINIC NITTI 600.30 As set forth in the Report dated August 17, 1999, from the Public Works Director, the extension of the License Agreement with Dominic Nitti for the use of a portion of the Swanner Ranch property to maintain a garden was approved for the one-year period ending September 30, 2000. City Council Minutes -4- 8117199 245 16. APPROVAL OF LICENSE AGREEMENT WITH VOLKSWAGEN OF AMERICA FOR ACQUISITION OF LAND FOR ROAD WIDENING PURPOSES ON VALLE ROAD (600.30) As set forth in the Report dated August 17, 1999, from the City Attorney, the License Agreement between the City and Volkswagen of America to provide for the terms and conditions of the City's installation of the road widening work on Valle Road was approved. PUBLIC HEARINGS ADOPTION OF RESOLUTION ORDERING FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1, TENTATIVE TRACT 13823 (STONEFIELD_SAN JUAN, LLC) (345.90) Proposal: Consideration of formation of Geologic Hazard Abatement District (CHAD) 99-01 for Stonefield San Juan, LLC, Tentative Tract 13823 and appointment of the City Council as the initial Board of Directors of the District. The public hearing had been set by Resolution on July 20, 1999, Written Communications: Report dated August 17, 1999, from the Director of Engineering & Building, advising that Tentative Tract No. 13823 (Stonefield) had been conditioned by the City to establish a Geologic Hazard Abatement District (CHAD) for potential use in the event of a catastrophic slope failure. The District formation would provide a tool that future homeowners may use to repair major slope failures by which bonds would be sold and repaid by property assessments over an extended period of time. William Huber, Director of Engineering & Building, made an oral presentation. 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 formation of GRAD: It was moved by Council Member Jones, seconded by Council Member Campbell that the following Resolution be adopted: RESOLUTION NO. 99-8-17-1, APPROVING FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION OF, ANDAPPOINTING THE BOARD OF DIRECTORS FOR, GEOLOGIC HAZARD ABATEMENT DISTRICT 99-1 FOR TENTATIVE TRACT 13823 (STONEFIELD SAN JUAN, LLC) The motion carried by the following vote: City Council Minutes -5- 8117199 246 AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None 2. ADOPTION OF RESOLUTION VACATING AN EQUESTRIAN EASEMENT WITHIN LOT 5 OF TRACT 9795 (LOVE TRACT); 26112 CALLS ROBERTO GROENENDYKE 670.50 Proposal: Consideration of a Resolution vacating an equestrian easement within Lot 5 of Tract 9795, as requested by the underlying property owner. The public hearing had been set by Resolution on July 20, 1999. Written Communications: Report dated August 17,1999, from the Director of Engineering & Building, advising that the Parks, Recreation and Equestrian Commission had determined that there was no need for retaining the easement and had supported abandonment. William Huber, Director of Engineering & Building, made an oral presentation. 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. Adoption of Resolution: It was moved by Council Member Campbell, seconded by Council Member Jones that the following Resolution be adopted: RESOLUTION NO. 99-8-17-2, APPROVING VACATION OF EQUESTRIAN EASEMENT WITHIN LOT 5, TRACT 9795 (GROENENDYKE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING THE REMAINING PORTION OF AN EQUESTRIAN EASEMENT WITHIN LOT 5 OF TRACT 9795 ASSESSOR'S PARCEL NO. 649-101-25; LOCATED AT 26122 CALLE ROBERTO, SAN JUAN CAPISTRANO (EDWARD GROENENDYKE) The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None City Council Minutes -6- 8/17199 247 The Mayor and City Clerk were authorized to execute the Resolution; and the City Clerk was directed to forward the Resolution to the Orange County Recorder for recordation. 3. ARCHITECTURAL CONTROL MODIFICATION 96-9. AND FLOODPLAIN PERMIT 99-1. APPROVAL OF CONSTRUCTION OF CREEK BANK STABILIZATION IMPROVEMENTS ALONG SAN JUAN CREEK LOCATED AT 32371 SAN JUAN CREEK ROAD (RESCO/SHURGARD-SAN JUAN CREEK STORAGE) (410.60/550.10) Proposal: Consideration of a request by Resco Self -Storage LLC to construct creek bank stabilization improvements along San Juan Creek, consistent with the U.S. Army corps of Engineers standards, along the northerly boundary of their property located at 32371 San Juan Creek Road. Applicant/Properly Owner: Resco Self -Storage LLC, Attn.: Douglas Simpson, 1400 N. Bristol St., #150, Newport Beach, CA 92660-2957 Written Communications: Report dated August 17, 1999, from the Planning Director, advising that the proposed improvements consisted of the placement of non -grouted, rock rip -rap and related improvements along the embankment to protect against erosion during storm events. William Ramsey, Principal Planner, made an oral presentation. He advised that the City's Planning Commissioner Tim Neely, Executive Director of the Natural Communities Conservation Program, had endorsed the type of improvements proposed and that the Planning Commission had also recommended 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. Council Comments: Council Member Campbell stated that she would vote against approval of this project based on the philosophy that a self -storage facility was the wrong use for the property. Council Member Swerdlin concurred with Council Member Campbell. Adoption of Resolution: It was moved by Council Member Hart, seconded by Council Member Jones that the following Resolution be adopted: City Council Minutes -7- 8117199 RESOLUTION NO. 99-8-1.7-3, APPROVING ARCHITECTURAL CONTROL MODIFICATION 96-9 AND FLOODPLAIN PERMIT 99-1 (RESCO-SHURGARDI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE ISSUANCE OF A MITIGATED NEGATIVE DECLARATION AND APPROVING ARCHITECTURAL CONTROL MODIFICATION 96-9AND FLOODPLAIN PERMIT 99-1, A PROPOSAL TO CONSTRUCT CREEK BANK STABILIZATION IMPROVEMENTS ALONG SAN JUAN CREEK FOR A PARCEL LOCATED AT 32371 SAN JUAN CREEK ROAD (RESCO-SHURGARD) The motion carried by the following vote: AYES: Council Members Jones, Hart and Mayor Greiner NOES: Council Members Swerdlin and Campbell ABSENT: None RECESS AND RECONVENE Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:38 p.m. ADMINISTRATIVE ITEMS CITY MANAGER APPROVAL OF JOINT COMMUNITY FACILITIES DISTRICT BETWEEN THE CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT AND CAPISTRANO UNIFIED SCHOOL DISTRICT ON BEHALF OF THE PACIFIC POINT PROJECT SUNCAL COMPANIES 600.50 (CONTINUED FROM AUGUST 3, 1999) Written Communications: 1. Report dated August 17, 1999, from the Administrative Services Director, advising that the Capistrano Unified School District had requested that the City and Water District enter into a Community Facilities District jointly with the School District in order to use public financing for the acquisition of the school site on Camino Las Ramblas and the construction of the Kinoshita Elementary School. The Community Facilities District would also assist in the funding of the construction of certain major City and Water District facilities required for the Pacific Point Development. The Report advised that the anticipated tax rate of 1.63% would generate an $11,765,000 bond based on the estimated property values; however, property values were being further evaluated and a supplemental report would be provided prior to the meeting. (2) Supplemental Report dated August 17, 1999, from the Administrative Services Director, advising that further evaluation concluded that the estimated property City Council Minutes -a- 8117199 249 values should be based on $182 per square foot for finished construction, rather than the initial estimate of $200 per square foot. Based on that conclusion, the property $11,765,000 bond would result in an estimated total tax rate of 1.7%. The Report recommended approval of the requested District. Cynthia Russell, Administrative Services Director, made an oral presentation. Approval of Joint Community Facilities District: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried that the Joint Community Facilities District between the City of San Juan Capistrano, Capistrano Valley Water District and Capistrano Unified School District on behalf of the Pacific Point Project be approved with an anticipated tax rate of no more than 1.7%. 2. APPROVAL OF AGREEMENT WITH THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY INC. AS SUB -GRANTEE FOR PURPOSES OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT (600.30) Written Communications: Report dated August 17, 1999, from the Assistant City Manager, advising that in the Federal Budget approved last October, the Boys & Girls Club of Capistrano Valley, Inc., had been _awarded $500,000 through the Department of Housing and Urban Development to assist with construction costs of a Club facility. The grant was structured so that the funds must be passed to a local unit of government, the grantee, and in this case the City of San Juan Capistrano, which in turn was obligated to ensure that the grant funding was allocated to the Club in a manner that met all HUD requirements. The City was also required to enforce compliance by the Sub -grantee, the Boys & Girls Club of Capistrano Valley, Inc., with the terms of the agreement. Jennifer Murray, Assistant City Manager, made an oral presentation. Approval of Agreement: It was moved by Council Member Campbell, seconded by Council Member Swerdlin and unanimously carried that the Housing and Urban Development Grant Agreement to set forth responsibilities with regard to the construction of the youth facility at the Community Center be approved. PLANNING DIRECTOR CONTINUATION OF CONSIDERATION OF REZONE 98-5 AND TENTATIVE TRACT MAP 15771: A SUBDIVISION OF 3.93 ACRES TO ALLOW A GATED COMMUNITY OF 25 SINGLE FAMILY DETACHED UNITS AND PRIVATE PARK LOCATED AT THE NORTHEAST CORNER OF VILLAGE ROAD AND RANCHO VIEJO ROAD (OLSON COMPANY) (460.201420.40) (CONTINUED FROM JULY 20,199 Applicant: The Olson Co., Attn.: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740 City Council Minutes -9- 8117199 250 Written Communications: (1) Report dated August 17, 1999, from the Planning Director, reviewing the history of this project since original consideration by the Planning Commission on February 25, 1999, through the Public Hearing at the July 20, 1999, City Council meeting. Staff recommended that the City Council introduce the ordinance approving the amendment to the Planned Development District allowing a residential use as the principal permitted use. (2) Memorandum dated August 13, 1999, from the Planning Director, advising that Police Services had requested inclusion of conditions that would improve visibility of the park from the public street and improve visibility during darkness. The memorandum set forth two conditions for inclusion in the resolution of approval to address those concerns. (3) Memorandum dated August 17, 1999, from the City Manager, forwarding a response from the Planning Director to Council Member Swerdlin's request for clarification of the noise impacts on the Olson project and the recommended mitigation measures. Two additional conditions were recommended for inclusion in the resolution of approval requiring the City's sound consultant to provide written verification that the City noise standards would be met if a project wall of no greater than 8 feet in height was constructed along Rancho Viejo Road; and, requiring the sound consultant to perform a detailed analysis to determine the minimum height the project wall along Rancho Viejo Road must be to provide sufficient sound mitigation to satisfy the City's noise standards. The memorandum also forwarded an alternate condition to continue the item. (4) Letter dated August 12, 1999, from Dean Steinke, Village San Juan Homeowners Association, Inc., forwarding a July 30, 1999, attorney's opinion letter regarding statements made by Pauline Doleshal at the July 20, 1999 Council meeting. The attorney's letter advised that the Homeowners Association Board of Directors has the authority to appear before the City Council and oppose or support in whole or in part any proposed building project which the Board feels would have an adverse effect on the Association. (5) Letter dated August 11, 1999, from Pauline Doleshal at 29716 Woodlake Court, setting forth misleading statements made to the Association by the President at the last Village San Juan Board meeting. Thomas Tomlinson, Planning Director, made an oral presentation, noting the additional conditions added for consideration, which included the comments made by Police Services regarding lighting issues and recommendations regarding exterior noise issues_ Public Comments: (1) Dean Steinke, 26501 Park Circle, President of the Village San Juan Homeowners Association, stated that he would no longer oppose the Olson project and felt that the Village San Juan residents were split 50-50 with regard to the project. Mr. Steinke felt there was a safety issue on Rosenbaum Road involving a non -continuous sidewalk; that the new residents would use the City Council Minutes -10- 8117199 251 Village's parks and lakes; that there would be a tremendous impact on Village Road due to the proposed project; and, stated that the Village was interested in privatizing Village Road. (2) Pauline Doleshal, 29716 Woodlake Court, reviewed her submitted letter to the City Council and issues with the homeowners association board members and stated her support of the project. (3) Kerry Chopin of the Olson Company, 3020 Old Ranch Parkway #250, Seal Beach, was called on to speak as the next in order but declined. (4) Kim Willauer of the Olson Company, 3020 Old Ranch Parkway #250, Seal Beach, addressed the required Rosenbaum Road realignment and stated that they had not officially met with Staff with regard to the defined scope of the project; that there were details that had not been precisely defined. In response to Council, the Engineering and Building Director stated that a realignment plan had been presented and he felt there had been a lot of discussion regarding their responsibilities. (5) Bill Sewalk, 26351 Marina Road, stated that approximately 150 people attended a homeowners association meeting on July 31, 1999, with the Olson Co. and the general conclusion was that people were in favor of a residential project versus a commercial project. Mr. Sewalk stated that another homeowners association meeting was held on August 5, 1999, and the conclusion was that the Village residents wanted the Olson project to proceed. Council Comments: Council Member Campbell stated that she would continue to vote against this project because of her concern that this was not an appropriate location for a residential development due to the noise impacts. Council Member Jones stated that the developer had taken the Council's concerns into consideration and had made multiple changes. He felt that especially with the addition of single -story homes, this project was more compatible with the ambiance and character of the City and he could support the project. He made a motion, for discussion, to approve staff recommendation, including the condition regarding written verification that the project wall would be no greater than eight feet high. Council Member Swerdlin stated that this was a good project with the exception of the significant noise impacts. He stated his preference to continue the item until the sound consultant had prepared another study stating definitely whether a seven- or eight -foot wall would be sufficient, or whether there was a need for an eleven -foot wall. Council Member Swerdlin made a motion to continue the item for 30 days. Council Member Hart stated that with the changes that had been made he felt this was a good project. He was pleased that law enforcement had been included in the planning process but he expressed concern that the applicant was not clear about their responsibilities with regard to Rosenbaum Road and felt a continuation might be in order. He stated he could support an eight -foot wall, but not an eleven -foot wall. He felt City Council Minutes -11- 8117199 252 conditions could have been placed to assure that Council's concerns were met, but the issue regarding Rosenbaum Road should have already been resolved. He seconded Council Member Swerdlin's motion with the intention that the wall height, roadway and sidewalk issues be resolved during the interim. The City Manager indicated that staff was concerned with regard to the applicant's comments on Rosenbaum Road and could also support continuance. Applicant's Comments: Kerry Chopin of the Olson Co. stated his impression that the second sound study was more favorable than the original one; the eleven -foot wall was part of the report initially, and it had been agreed that a seven -foot wall would be sufficient. The Olson Company would not support an eleven -foot wall and would concurwith the condition regarding the eight -foot wall. The City Manager clarified that if sound mitigation could not be met with an eight -foot wall, there would be no project approval. With regard to the Rosenbaum Road issue, Mr. Chopin stated that there was a fairly definitive plan. The comment was meant to assure that there would be a clear-cut and detailed way to proceed on the road realignment and that they wished to work with staff to complete those details only. He indicated there was still negotiation to be conducted regarding the reimbursement agreement; that the reimbursement was the only portion of the agreement they were concerned with. The Engineering and Building Director advised that the reimbursement agreement typically was approved in conjunction with the final map, which would come before Council in the future. Council Member Swerdlin read from the summary by Gordon Bricken & Associates - Noise Control by Barrier Design on page 1, indicating the need for sound barriers at least eleven feet high along the west property line to produce the required exterior noise level of 60 dbA CNEL and sound barriers at least seven feet high to produce an exterior noise level of 65 dbA. CNEL. He also read from page 5 regarding the City's requirement that all residential projects conform to an exterior noise level of 60 CNEL. He urged that the item be continued to settle the issues. Mayor Greiner indicated that the conditions added by staff addressed the concerns and would not require another meeting to discuss the project. Council Member Hart noted there was confusion over the height of the wall, the roadway and sidewalk and the item should be continued. Council Member Jones withdrew his motion for approval of the project. Motion to Continue Consideration of Project: It was moved by Council Member Swerdlin and seconded by Council Member Hart that consideration of Rezone 98-05 and Tentative Tract Map 15771 be continued to October 5, 1999, in order to provide adequate time for the City's sound consultant to prepare a written recommendation specifying the minimum wall height for sufficient sound mitigation to satisfy the City's noise standard. The motion carried by the following vote: City Council Minutes -12- 8117199 253 AYES: Council Members Jones, Swerdlin, Hart and Campbell NOES: Mayor Greiner ABSENT: None 2. APPROVAL OF MITIGATED NEGATIVE DECLARATION AND AUTHORIZATION TO APPLY TO THE STATE WATER RESOURCES BOARD TO PUMP GROUNDWATER FROM THE SAN JUAN BASIN ON AN ANNUAL BASIS 1050.60 CONTINUED FROM AUGUST 3 1999 Written Communications: Report dated August 17, 1999, from the Planning Director, advising that the City and the Capistrano Valley Water District had submitted an application to appropriate water to the State of California Water Resources Control Board, Division of Water Rights in January 1998. The purpose of the application was to obtain formal recognition of its right to continue to pump groundwater from the San Juan Basin in accordance with its existing, planned and historic use. The Capistrano Valley Water District had prepared an initial study and had issued a Mitigated Negative Declaration to address potential impacts and identify mitigation measures. Adoption of Resolution: It was moved by Council Member Hart and seconded by Council Member Jones that the following Resolution be adopted: RESOLUTION NO. 99-8-17-4 CERTIFYING EXPANDED INITIAL STUDY AND MITIGATION MEASURE - APPLICATION TO APPROPRIATE WATER FROM THE SAN JUAN BASIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE ADOPTION OF AN EXPANDED INITIAL STUDYAND MITIGATION MEASURE PREPARED FOR APPLICATION NO. 30696 TO THE CALIFORNIA STATE WATER RESOURCES BOARD TO APPROPRIATE 3,325 ACRE-FEET OF WATER ANNUALLY FROM THE SAN JUAN BASIN The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hartand Campbell and Mayor Greiner NOES: None ABSENT: None The City Manager was authorized to process the joint application with the State Water Resources Board to pump up to 3,325 acre-feet of water annually from the San Juan Basin. City Council Minutes -13- $117199 254 ENGINEERING AND BUILDING DIRECTOR APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT - CAMINO DEL AVION LANDSCAPE PROJECT (CIP NO. 131) (ARBOR SERVICES) (600.3_ Written Communications: Report dated August 17, 1999, from the Director of Engineering & Building, forwarding background information and recommending award of the bid. Council Comments: Council Member Swerdlin expressed concern that bids had been received that were much higher than the engineer's estimate and requested that this project be delayed for another year. Approval of Budget Amendment and Award of Contract: It was moved by Council Member Hart and seconded by Council Member Jones and carried with Council Member Swerdlin voting in the negative, that the Camino Del Avion Landscape Project contract be awarded to the low responsible bidder, Arbor Services in the amount of $96,689. Staff was authorized to transfer $46,733 from the projected Systems Development and Gas Tax Fiscal Year 1999-2000 year-end surplus. 2. APPROVAL OF BUDGET AMENDMENT AND AWARD OF CONTRACT - CITY STREET REPAIRS 1999 CIP NO. 104 AND 119 HOLLAND-LOWE CONSTRUCTION, INC.)_ (600.30) Written Communications: Report dated August 17, 1999, from the Director of Engineering & Building, forwarding background information and recommending award of the bid. Approval of Budget Amendment and Award of Contract: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried that the City Street Repairs 1999 contract be awarded to the low responsible bidder, Holland -Lowe Construction in the amount of $371,979.30. Staff was authorized to transfer $40,000 from the projected Systems Development Fiscal Year 1999-2000 year-end surplus. 3. ADOPTION OF RESOLUTION OF NECESSITY FOR EMINENT DOMAIN PROCEEDINGS FOR KLEINIWELK PROPERTY ALONG VALLE ROAD 670.40 Written Communications: Report dated August 17, 1999, from the Director of Engineering & Building, advising that in order for SunCal, Inc., the developer of Tract 14196, to fulfill its obligation to complete the widening of Valle Road, it was necessary to obtain additional right-of-way from two adjacent property owners, the Gerald Klein/Earl Welk Partnership (K&W Development) and the Core Resource, Inc. (Volkswagen of America) Negotiations between SunCal's representative and K&W Development had been unsuccessful therefore, SunCal's City Council Minutes -14- 8117199 255 representative had requested City intervention by exercising its condemnation rights under eminent domain. Adoption of Resolution: It was moved by Council Member Campbell and seconded by Council Member Jones that the following Resolution be adopted: RESOLUTION NO. _99-8-17-5, INITIATING EMINENT DOMAIN PROCEEDINGS - TENTATIVE TRACT MAP 14196 (SUNCAL COMPANIES/K&W DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF PROPERTY AND THE EXPENDING OF FUNDS THEREFORE, AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (TENTATIVETRACT MAP 14196, 14196, SUNCAL COMPANIESIK&W DEVELOPMENT) The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart and Campbell and Mayor Greiner NOES: None ABSENT: None ORDINANCES APPROVAL OF REZONE 99-2 - OSO RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL (460.20) (ADOPTION) Written Communications: Report dated August 17, 1999, from the City Clerk, advising that the Ordinance was introduced at the meeting of August 3, 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 Campbell, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO. 840, APPROVING REZONE 99-2 - OSO RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 99-2, A CHANGE OF DESIGNATION FROM GROWTH MANAGEMENT AND PLANNED DEVELOPMENT, TO PLANNED DEVELOPMENT DISTRICT FOR THE CONSTRUCTION OF A PRIVATE SCHOOL LOCATED AT ASSESSOR'S PARCEL NUMBERS 121-070-55, -56 AND -57 (OSO RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL) City Council Minutes -15- 8117199 256 The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None COUNCILMANIC ITEMS APPOINTMENT OF VOTING DELEGATE AND ALTERNATE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE) (140.20) Written Communications: Report dated August 17, 1999, from the City Clerk, advising that the 1999 Annual League of California Cities Conference will be held October 10-12, 1999, at the San Jose Convention Center and itwas necessary to designate a Voting Representative and an Alternate to attend the Business Meeting to be held on October 12, 1999. Appointment of Delegate and Alternate: It was moved by Council Member Swerdlin, seconded by Council Member Campbell and unanimously carried that Mayor Greiner be appointed the Voting Delegate and Council Member Swerdlin be appointed the Alternate Delegate to represent the City at the Annual Business Meeting of the 1999 League of California Cities Annual Conference. 2. ORAL REPORTS OF OUTSIDE AGENCIES None COUNCIL COMMENTS None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:35 p.m. to the next regular meeting date of Tuesday, September 7, 1999, at the San Juan Capistrano Community Center to conduct a joint worksession with the Planning Commission on the Preliminary Draft General Plan. ATTEST: Respectfully submitted, JOHN EINER, MAYOR CHERYL JOHNSOff, CITY CLERK City Council Minutes -16- 8117199 257 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 August 17, 1999, adjourned said meeting to Tuesday, September 7, 1999, at 7:00 p.m., at the San Juan Capistrano Community Center, 25925 Camino del Avion, San Juan Capistrano. DATED: August 18, 1999 Cheryl Johnson City Jerk 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 August 18, 1999. I declare under penalty of perjury that the foregoing is true and correct. Cheryl Johns&, CityrClerk San Juan Capistrano, California