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99-0907_CC_Minutes_Regular Meeting259 SEPTEMBER 7, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) - None 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 7:03 p.m. at the San Juan Capistrano Community Center, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck, Community Presbyterian 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; Lt. Rick Stahr, Orange County Sheriff's Department; Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None INTRODUCTION PRESENTATIONS AND DONATIONS RECOGNITION OF MAJOR SPONSORS OF THE 1999 4TH OF JULY CELEBRATION - FLUIDMASTER INC. AND MEDIX AMBULANCE SERVICE 610.40 Written Communications: Report dated September 7, 1999, from the Community Services Director, advising the Fluidmaster, Inc., and Medix Ambulance Service were major sponsors of the City's 4th of July Celebration and recommending that a plaque of appreciation be presented. Mr. Robert Schoepe, Senior Vice President of Fluidmaster, Inc., was present to receive the plaque of appreciation from the Mayor. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110,10 Council Member Campbell introduced the following persons in attendance: Don Tryon, Janet Siegel and Bill Hardy, Cultural Heritage Commission; Marie Buckner, Joanne City Council Minutes -1- 917/99 260 deGuevara and Ethel Tregarthen, Housing Advisory Committee; Kathy Holmes, Parks, Recreation and Equestrian Commission; and, Al Simmons, Senior Liaison. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY I - None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Swerdlin, 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 1. MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 3. 1999 The Minutes of the Regular Meeting of August 3, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF AUGUST 12, 1999_30( 0.30) The List of Demands dated August 12, 1999, in the total amount of $1,003,340.01, was ordered received and filed. 4. RESOLUTION NOTICE OF COMPLETION, ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY, TRACT 14181 (MARBELLA VILLAS, LLC (600.30) As set forth in the Report dated September 7, 1999, from the Engineering and Building Director, the following Resolution was adopted accepting the public storm drain, sewer improvement systems, private streets, street monumentation, landscaping and irrigation within Tract 14181: RESOLUTION NO. 99-9-7-1, COMPLETION OF IMPROVEMENTS AND RELEASE OF CORRESPONDING BONDS - TRACT 14181, MARBELLA VILLAS LLC -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 CERTAIN PUBLIC AND PRIVATE IMPROVEMENTS WITHIN TRACT 14181, MARBELLA VILLAS LLC City Council Minutes -2- 917199 261 The Resolution accepted the improvements as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following surety 35 days after recordation of the Notice of Completion: Bond No. Type Amount 5276 -FP Street $200,722 5274 -FP Storm Drain $51,590 5275 -FP Sewer $74,992 5276 -FP Landscape/irrigation $154,124 5273 -FP Monumentation $4,000 One-year bonds totaling 25% of all original bond amounts, excluding landscape and irrigation were posted with the City as warranty against defects; a one-year warranty bond of 20% of the landscape and irrigation bond amount has been posted with the Marbella Homeowners Association. 5. APPROVAL OF PERSONAL SERVICES AGREEMENT TO PROVIDE ENGINEERING OVERSIGHT DURING CONSTRUCTION, CAMINO CAPISTRANO WIDENING STONEHILL DRIVE TO 1,000 FEET NORTH (CIP NO. 113) (WESELOH DEALERSHIP/RBF AND ASSOCIATES 600.30 As set forth in the Report dated September 7, 1999, from the Engineering and Building Director, the Personal Services Agreement with Robert Bein, William Frost & Associates was approved to provide oversight during the Camino Capistrano improvements, in the amount of $32,390 for the period ending May 31, 2000. 6. AWARD OF CONTRACT - CRACK SEALING PROGRAM ON CITY STREETS (RUBBERIZED CRACKFILLER SEALANT, INC.) (600.30) As set forth in the Report dated September 7, 1999, from the Public Works Director, the contract for the 1999-2000 crack sealing program on City streets was awarded to Rubberized Crackfiller Sealant, Inc., on an as needed basis, not to exceed $25,000. 7. APPROVAL OF AGREEMENT FOR DESIGN SERVICES - HIGH WEST SIDE PIPELINE PROJECT ROBERT BEIN WILLIAM FROST AND ASSOCIATES fi00.30 As set forth in the Report dated September 7, 1999, from the Public Works Director, the Personal Services Agreementwith Robert Bein, William Frost and Associates to provide civil engineering design services for the High West Side Pipeline Project was approved in the amount of $208,048 for the period ending January 1, 2000. 8. APPROVAL OF FIRST AMENDMENT TO INTERIM AGREEMENT FOR SUPPLEMENTAL BENEFITS (ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM) (600.50 As set forth in the Report dated September 7, 1999, from the Administrative Services Director, the First Amendment to the Interim Agreement for Supplemental Benefits City Council Minutes -3- 917199 262 between the City, the Water District and the Orange County Employees Retirement System was approved to extend the term of the agreement to March 31, 2000 in order to allow the Retirement System time to complete its evaluation of the Additional Retirement Benefit Account. 9. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES - WESELOH HONDA AND CHEVROLET DEALERSHIP WESELOH FAMILY LIMITED PARTNERSHIP 600.30 As set forth in the Report dated September 7, 1999, from the Engineering and Building Director, the Development Agreement for Construction of Water Facilities for the property known as the Weseloh Honda and Chevrolet Dealership, located at 33555 and 33633 Camino Capistrano, was approved with the Weseloh Family Limited Partnership. 10. ADOPTION OF RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM - VEREDA BIKEWAY IMPROVEMENTS AT THE LOSSAN RAIL CORRIDOR 930.50 As set forth in the Report dated September 7, 1999, from the Engineering and Building Director, the following Resolution was adopted approving an application for grant funds from the Transportation Enhancement Activity Program for improvement of the undercrossing of the Vereda Bikeway at its intersection with the railroad along the north levee of San Juan Creek: RESOLUTION NO. 99-9-7-2 AUTHORIZATION TO APPLY FOR GRANT FUNDS FOR THE IMPROVEMENT OF THE VEREDA BIKEWAY CROSSING OF THE LOSSAN RAIL CORRIDOR - TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE IMPROVEMENT OF THE VEREDA BIKEWAY CROSSING OF THE LOSSAN RAIL CORRIDOR 11. RECEIVE AND FILE INVESTMENTS AS OF JULY 31. 1999 (350,301 The City Treasurer's Report of Investments as of July 31, 1999, was ordered received and filed. The following item was removed from the Consent Calendar at the request of staff: APPROVAL OF WAIVER OF BONDING REQUIREMENTS -BOYS AND GIRLS CLUB LEASE AGREEMENT (600 Written Communications: Report dated September 7, 1999, from the City Attorney, advising that the Boys and Girls Club of Capistrano Valley had requested that the provisions of Section 8 of the City Council Minutes -4- 917199 263 Lease Agreement requiring bonding of the Club's contractor who is constructing the youth facility at the City's Community Center, be waived. With the consensus of Council, Mayor Greiner directed that the item be continued to the meeting of September 21, 1999, as requested by staff. PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:10 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:11 p.m. in a joint session with the Planning Commission to review the Administrative Draft General Plan. The City Clerk noted that all members of the City Council and Planning Commission were present with the exception of Planning Commissioner Diane Bathgate. ADMINISTRATIVE ITEMS PLANNING DIRECTOR JOINT MEETING OFTHE PLANNING COMMISSION AND CITY COUNCILTO REVIEW THE ADMINISTRATIVE DRAFT GENERAL PLAN 440.25 Written Communications: (1) Report dated September 7, 1999, from the Planning Director, advising that the General Plan update program called for this joint session to consider the contents of the administrative draft document and provide comments to the consultant and staff to inclusion in the final draft plan. An Environmental Impact Report will be prepared for the final draft plan, and formal public hearings will be held on the final draft plan. (2) Memorandum dated September 2, 1999, from the Planning Director, forwarding letters from Taiwan Farms, Enviro-Soils, LLC, and South Coast Christian Assembly requesting specific designations for their properties. (3) Letter dated September 2, 1999, from Enviro-Soils, LLC, requesting a change in zoning for AP #636-082-14. The Preliminary Draft Land Use Policy Map, Existing Land Use Map, Arterial Highway System Map, the Program Diagram, and development summary and land use classification system tables were on display. Planning Consultant Presentation: With the aid of overhead projections, John Bridges, Planning Consultant with Cotton- Beland Associates provided an brief overview of the 12 General Plan Elements, identifying areas where there were changes from the existing General Plan. City Council Minutes -5- 917199 264 Traffic Study Presentation: With the aid of overhead projections, Terry Austin of Austin -Foust Associates, the transportation consultant, commented on the Arterial Highway component of the Circulation Element and discussed several key points, and advised of the necessity for the City's Master Plan of Arterial Highways to be consistent with the County Master Plan of Arterial Highways. He advised that a new classification, "Limited Secondary Arterial," which would be assigned to certain streets designated as arterials but consisting of two lanes, was being introduced to recognize space limitations or other objectives unique to the City. Staff would work with the Orange County Transportation Authority to assure the County that the City would remain in compliance with the County's Master Plan, even though "Limited Secondary Arterial" roads might not currently meet the definition of an arterial. Mr. Austin indicated that the Circulation Element would include additional details in order to recognize "hot spots," or special situations in the City that would require special traffic analysis, such as schools, traffic operations hot spots and limited space. Mr. Austin discussed proposed changes to the Arterial Highway portion of the Circulation Element, such as the recommended deletion of San Juan Creek Road and Camino Las Ramblas from the County's Arterial Highway Plan. He noted they would remain on the City's Circulation Element as local roadways so that they would no longer be required to connect to Avenida La Pata. Camino Las Padres had not been recommended for deletion from the County's Master Plan, due to the need for San Juan Capistrano and the City of Laguna Niguel to jointly decide on its deletion or retention. The Alipaz Street alignment had been changed to connect to Oso Road rather than to Junipero Serra, and had been designated as a limited secondary arterial; staff had received agreement from OCTA that the new connection would satisfy the requirements of the County's Master Plan of Arterial Highways. Public Comments: 1. Greg Watkins, 26881 Canyon Crest, stated that his company was in negotiations to purchase the Williams Tract and requested that this property not be completely zoned Open Space/Recreational. He discussed their projections for the property, stating that they proposed to build an edge park and a low density equestrian housing development. 2. Ethel Tregarthen, 27625 Summerfield Lane, stated that she was speaking on behalf of the San Juan Housing Advocates and noted that it was vital that the Land Use Element provide for the measures recommended in the Housing Element. Ms. Tregarthen requested that further consideration be given to the size and capability of Site D of Map One of the Land Use recommendations to provide for affordable housing and to meet the City's needs as set forth in the Housing Element. 3. Taylor Hsaio, 2661 Stetson Place, Laguna Hills, stated that he was speaking on behalf of the Hsaio family who has owned property in the City since 1979. Mr. Hsaio stated that agricultural uses were no longer feasible on their property. He advised and that they lost access to their property in 1986 and now only 40% of the property was being used. Mr. Hsaio requested that the proposed designation of Open Space/Recreational for their property be re-evaluated. City Council Minutes -6- 917199 265 4. Jeff Robinson, 1694 Von Karman, Irvine, advised that he represented the Hsaio family and stated that the proposed Open Space/Recreational designation was not the most viable use of the Hsaio property and requested consideration of a residential designation allowing for 3.5 units per acre on their property. 5. Kevin McCann, 2755 Jefferson, Carlsbad, advised that he was an attorney for the Hsaio family and requested reconsideration of the Open Space/ Recreation al designation for the Hsaio property. Mr. McCann stated that the recommended zoning seemed to indicate that the property had no economic value and requested that the property be zoned in a manner to give the property economic potential which would ultimately allow the property owner to afford to build the necessary access. 6. Eva Crabbs, 31491 Via Santa Maria, asked why some of the Dennis Gage property with a 30% grade had not been designated Open Space when the Hsaio property that was flat had been; she asked if the Traffic Study addressed the projected Toll Road extension; she noted the existence of the crossing of San Juan Creek at Camino Lacouague and questioned its status; and, she asked if Alipaz Street could be extended south to Stonehill Drive. Council Member Campbell advised that the south end of the Foothill/Eastern Transportation Corridor was progressing and Mr. Austin advised that the Traffic Study had assumed full build -out of the proposed arterial highways to include the Toll Road extension. Mr. Austin advised that the Camino Lacouague Bridge crossing of San Juan Creek will be deleted from the Circulation Element in conjunction with the deletion of San Juan Creek Road from the County's Master Plan of Arterial Highways. Mr. Scarborough advised that the extension of Alipaz south has been deleted from the County's Master Plan and further advised that Dana Point would not allow the extension through their City and had deleted the connection to Stonehill from their Master Plan of Highways. Mayor Greiner advised that the circumstances relating to the Hsiao and Gage properties were different. 7. Chen Mei Hsaio, 26661 Stetson Place, Laguna Hills, described their situation, noting that they had abandoned farming on much of their land and that obtaining workers was difficult and access was a problem. She stated that if they quit farming their property it would decline, and requested that the City consider a proper use and zoning for this property. 8. William Pollis, 28181 Las Brisas Del Mar, expressed concern about the proposed world class golf course located at the end of Camino Las Ramblas and stated that he was concerned with noise generated from additional traffic and delivery trucks, as well as the impact on property values. Mayor Greiner advised that there would be a series of meetings with the public in the future regarding the proposed golf course. City Council Minutes -7- 917199 266 Planning Consultant Comments: Mr. Bridges addressed the affordable housing issue raised by Ms. Tregarthen and stated that the Land Use Plan as presently proposed provided for approximately 16 additional acres for affordable housing/senior housing, which allowed 25 units per acre, or approximately 400 additional units. Council Comments: Council Member Jones advised that the original General Plan estimated a City population of 80,000, which had been revised in the 1976 General Plan update to 42,000. Mr. Austin advised that the proposed General Plan projected a population of 36,400. ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES - None COUNCIL COMMENTS - None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:25 p.m. to the next regular meeting date of Tuesday, September 21, 1999, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, ATTEST: JOHN GREINER, MAYOR City Council Minutes -8- r 917/99